IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3249 of 2010(E) ------------------------- PETITIONERS: --------------- 1. ERANHIKKAL ABDU SAMAD, S/O. MAMMADESSA, ERANHIKKAL HOUSE, MEPPADAM P.O., MAMPAD VILLAGE, NILAMBUR TALUK- MALAPPURAM DISTRICT. 2. UZHUNNAN KHAIRUNEESA, W/O. ABDU SAMAD, ERANHIKKAL HOUSE, MEPPADAM P.O., MAMPAD VILLAGE, NILAMBUR TALUK MALAPPURAM DISTRICT. BY ADV. SMT.AYSHA YOUSEFF SMT.MOLLY JACOB SMT.RABIA BEEGAM T.K. SRI.JOBI.A.THAMPI SMT.M.KABANI DINESH SMT.BOBY M.SEKHAR RESPONDENTS: --------------- 1. DISTRICT COLLECTOR MALAPPURAM, COLLECTORATE, MALAPPURAM. 2. THAKUK LAND BOARD NILAMBUR, REPRESENTED BY ITS CHAIRMAN (DEPUTY COLLECTOR LAND REFORMS) COLLECATORATE, MALAPPURAM. 3. TAHSILDAR, NILAMBUR, P.O. NILAMBUR, MALAPPURAM DISTRICT. 4. VILLAGE OFFICER,MAMPAD, P.O.MAMPAD, MALAPPURAM DISTIRCT. GOVERNMENT PLEADER: SRI HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3249 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioners herein are owners in possession and enjoyment of 1.23 Acres of land in RS.206/1, (Old Sy.No.R.S.452) Block No.82 Mampad Village. The land was purchased by them on payment of consideration as per document No.4206/ 08 of SRO Nilambur produced as Ext.P1. It is averred in the writ petition that the land convered by Ext.P1 originally belonged to one Madhura Kariyan Moyinkutty Haji which was taken on lease by one Smt.Unatholil Annamma Mathai from the Janmi even prior to coming into force of the Kerala Land Reforms Act. She obtained Janmam assignment of 1.50 Acres of land as per order passed by the Land Tribunal Nilambur as per Purchase Certificate No.2107/76 in O.A.No.3154/75 and Ext.P2 is the copy of the purchase certificate. There were several transactions thereafter. Ultimately, petitioners purchased the said 1.23 Acres of land from one Abu as per Ext.P1 document. The petitioners came to know later that the property is involved in ceiling proceedings before the Taluk Land Board Ernad ie. in ceiling case No.C.R.397/73/M4 the present Number being SR 132/1997 W.P.(C)No.3249 of 2010 2 of Taluk Land Board Nilambur. The petitioners have approached the Taluk Land Board Nilambur as per Ext.P3 under Section 85 (5) or (7) and in the form Rule 14(1) of the relevant rules. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. There will be direction to the Taluk Land Board namely the second respondent to take a decision on Ext.P3 after hearing the petitioners and other necessary parties if any, within a period of four months from the date of receipt of a copy of this judgment. Till then, any action for dispossession of the petitioners will be kept in abeyance. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj