IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH AUGUST 2008 / 20TH SRAVANA 1930 W.P(C).No. 13113 of 2008(J) -------------------------- PETITIONERS: ------------ 1. RAHMABI, D/O.MANJILTHODY USMAN, AGED 28 YEARS, W/O.V.P.SHOUKATHALI. 2. THALISH.V.P., S/O.V.P.SHOUKATHALI. AGED 23 YEARS. 3. SOUDH V.P., S/O.V.P.SHOUKATHALI, AGED 21 YEARS, VALIYAPEEDIKAKKAL HOUSE, VELLAYUR AMSOM, POONGODE DESOM, NILAMBUR TALUK, MALAPPURAM DIST. (ALL THE THREE PETITIONERS REP. BY THEIR P/A HOLDER VALIYAPEEDIKAKKAL SHOUKATHALI, VALIYAPEEDIKAKKAL HOUSE, VELLAYUR AMSOM, POONGODE DESOM, NILAMBUR TALUK, MALAPPURAM DIST. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: ------------- 1. V.M.DEVI ANTHARJANAM, D/O.V.M.GOVINDAN BHATTATHIRIPPADU, VANIYAMBALAM, WANDOOR, MALAPPURAM DISTRICT. 2. V.M.DAMODARAN BHATTATHIRIPPADU, S/O.V.M.GOVINDAN BHATTATHIRIPPADU, VANIYAMBALAM, WANDOOR, MALAPPURAM DISTRICT. 3. THE TALUK LAND BOARD, NILAMBUR TALUK, MALAPPURAM DISTRICT. 4. THE VILLAGE OFFICER, WANDOOR VILLAGE OFFICE, WANDOOR, MALAPPURAM DISTRICT. 5. THE TAHSILDAR, NILAMBUR TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT. BY SRI. I.V. PRAMOD, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J ================== W.P(C)No.13113 of 2008 ================== Dated this the 11th day of August, 2008. J U D G M E N T The petitioners claim to be in possession of certain land in respect of which the proceedings under the ceiling provisions of the Kerala Land Reforms Act have been initiated by the Taluk Land Board, Nilambur. In respect of the same the petitioners filed Exts.P3 and P4 application and Exts.P3(a) and P4(a) stay petitions under Section 85(8) of the Kerala Land Reforms Act. According to them, the predecessors-in-interest of the petitioners came into the possession of the properties long ago. They would also submit that they are entitled to benefits of Section 7E of the Kerala Land Reforms Act introduced by amendment in 2005. The petitioners therefore seek the following reliefs: i) issue a writ of mandamus or any other appropriate writ, order or direction to direct the 3rd respondent to consider Exhibits-P3 and P4 applications filed by the petitioners and pass appropriate orders without any further delay and grant stay as prayed for in Ext.P3(a) and P4(a) stay petitions. ii) Issue a writ of mandamus or any other appropriate writ or order or direction to direct the respondent not to W.P(C)No.13113 of 2008 - 2 - take possession of the property owned by the petitioners as described in Exhibit P3 and P4 applications U/S. 85(8) of the KLR Act.” 2. The learned Government Pleader on instructions submits that the petitioners themselves admitted that the petitioners purchased the property in 2006. Section 7E of the Kerala Land Reforms Act came into force in 2005 which confers certain benefits only in respect of land, which came into possession of persons till the date of coming into force of Section 7E. Therefore, according to the learned Government Pleader the petitioners are not entitled to benefit of Section 7E. 3. I have considered the rival contentions in detail. 4. I am not inclined to go into merits of the contentions of both parties in so far as Exts.P3 and P4 applications are pending before the Taluk Land Board under Section 85(8) of the Kerala Land Reforms Act. Therefore, it is for the Taluk Board to consider the said application in accordance with law. 5. Accordingly, without expressing any opinion what so ever, on the merits of the contentions of the either side, I dispose of this writ petition with a direction to the 3rd respondent - Taluk Land Board to consider and pass orders on Exts.P3 and W.P(C)No.13113 of 2008 - 3 - P4 applications, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. It is also open to the petitioners to move Exts.P3(a) and P4(a) applications for stay, on which also the Taluk Land Board would pass orders within two weeks from the date when the petitioners move the same appropriately. The petitioner shall forward a copy of this writ petition along with a certified copy of this judgment to the 3rd respondent for compliance. S.SIRI JAGAN, JUDGE rhs