IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 5324 of 2009(I) --------------------------------- PETITIONER(S): --------------- WAYANAD BHOO SAMRAKSHANA SAMITHI REGISTER NO.398/2002, THRIKKEPATTA, RP. BY ITS SECRETARY, G.SANJEEVAN, 63 YEARS, S/O.LATE GIRIYAPPAN, R/AT.PULARI NIVAS, PO.THRIKKEPATTA, WAYANAD -673122. BY ADV. MR.P.K.JOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY SECRETARIAT, THIRUVANANTHAPURAM. 2. M/S.HARRISON MALAYALAM LTD. WILLINGTON ISLAND, KOCHI-1. 3. THALUK LAND BOARD, VYTHIRI, PO.VYTHIRI WAYANAD. ADV. MR.E.K.NANDAKUMAR FOR R2 MR.A.K.JAYASANKAR NAMBIAR FOR R2 MR.K.JOHN MATHAI FOR R2 MR.P.BENNY THOMAS FOR R2 MR.ANIL D. NAIR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No. 5324 OF 2009 ---------------------------------------- Dated this the 11th day of March, 2009 JUDGMENT The petitioner is a Society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act of which tenants cultivators having small holdings of land are the members. According to them, 59 of their members are being prevented by the 2nd respondent from cultivating their respective holdings, which according to the petitioner are in their possession even prior to the commencement of the Kerala Land Reforms Act. They earlier approached this Court by filing O.P.No.1950/2003, in which this Court directed the Government to decide the matter after hearing the petitioner Society and the 2nd respondent Company. Pursuant thereto, the Government passed Ext.P1 order, whereby the Taluk Land Board was directed to pass final orders in the ceiling case of the 2nd respondent Company, who were erstwhile owners of the properties in question which are in possession of the members of the property who alleges harassment at the hands of the 2nd respondent. The petitioner W.P.(c)No.5324/09 2 seeks a direction to the Taluk Land Board to pass final orders in the ceiling case of the 2nd respondent as directed in Ext.P1 order expeditiously. 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 2nd respondent. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 3rd respondent to pass final orders in the ceiling case of the 2nd respondent, after affording an opportunity of being heard to the petitioner Society as well as the 2nd respondent as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd W.P.(c)No.5324/09 3