IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 1875 of 2010(H) ------------------------- PETITIONER(S): --------------- RADHA CHIDAMBARAN AGED 56 YEARS, W/O.LATE SRI,CHIDAMBARAN, KAROTTU HOUSE, VALAMANGALAM SOUTH PO,THURAVOOR, ALLEPPEY DISTRICT-688 532. BY ADV. MR. T.R.JAGADEESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DY.COLLECTOR(LR)(LAND TRIBUNAL) ALAPPUZHA. 3. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 4. THE ADMINISTRATIVE OFFICER, THURAVOOR DEVASWOM, THURAVOOR-688 532. ADV.MR.J.KRISHNAKUMAR, SC, DEVASWOM BOARD FOR R3 & 4 GOVERNMENT PLEADER MS.T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).1875/10 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE PARTITION DEED NO.6443/1966 EXT.P2:- TRUE COPY OF NOTICE DT.30.3.2007 AND 27.2.2009 EXT.P3:- TRUE COPY OF THE TAX RECEIPT DT.3.5.2007 EXT.P4:- TRUE COPY OF THE REPORT DT.1.2.2008 SUBMITTED BY LAND SPL.OFFICER, TDB. EXT.P5:- TRUE COPY OF THE JUDGMENT DT.6.1.2010 IN WP(C).26504/09 RESPONDENT'S EXHIBITS:- NIL OKB //TRUE COPY// P.A. TO JUDGE C.K.ABDUL REHIM, J. ---------------------------------- W.P.(C).No.1875 OF 2010 --------------------------------- Dated this the 12th day of March, 2010 J U D G M E N T ---------------------- 1. Petitioner claims to be in possession and enjoyment of 32 cents of property comprised in Sy.No:103/18 & 103/13 of Thuravoor South Village, which he had derived by virtue of a 'Pattom' agreement entered between the Thuravoor Devaswom and the predecessor in interest of her deceased husband Late. Sri. Chidambaran. According to the petitioner, the property in question was in the possession under tenancy for the last so many years and the 4th respondent Devaswom was not in possession and enjoyment of the property for decades together. It is contended that by virtue of the provisions contained in the Kerala Land Reforms Act, 1963, the petitioner is a cultivating tenant and the land in question stands vested in the Government as on 1.1.1970. The petitioner's husband had approached the 2nd respondent Tribunal for fixity of tenure and for issuing purchase certificate, as provided under Section 72B of the Kerala Land Reforms Act. According to the petitioner, her husband had submitted an application in this regard as early as in the year 1964. But no proceedings was initiated by the 2nd respondent on W.P.(C).1875/10 2 the basis of such an application. Subsequently when enquired by her husband the said application could not be traced out and on the instructions of the 2nd respondent a fresh application was submitted. The 2nd respondent initiated proceedings on the basis of the said application as SMP No:86/2002, as evidenced from Ext.P2 series hearing notices. In the meanwhile the petitioner's husband died in the year 2003 and the proceedings is now being pursued in the name of the petitioner. 2. Grievance of the petitioner is that the 2nd respondent is not finalising the proceedings under the guise that the 4th respondent Devaswom is not furnishing 'No Objection Certificate' in this regard. The petitioner had produced Ext.P4 which is a report submitted by the Land Special Officer to the 2nd respondent which revealed that, on enquiry it is found that the Devaswom Commissioner had recommended for issuing 'No Objection Certificate' with respect to properties like that of the petitioner, because of the fact that the Devaswom will get the annuity as provided under the Kerala Land Reforms Act. It is also revealed that, the authorities of the Devaswom had not raised any objection with respect to grant of fixity of tenure and issuance of purchase certificate in the name of the petitioner. But it is pointed out that inspite of lapse of long years, the 2nd W.P.(C).1875/10 3 respondent is not finalising the proceedings and petitioner is deprived of title with respect to the property for which she is eligible under the provisions of the Kerala Land Reforms Act, 1963. 3. Having considered the facts and circumstances of the case, I am of the opinion that the writ petition can be disposed of directing the 2nd respondent to finalise the proceedings without any further delay. 4. Under the above circumstances the writ petition is disposed of directing the 2nd respondent to take expeditious action for final disposal of the proceedings initiated, as evidenced from Ext.P2 series notices, after affording adequate opportunity to all parties concerned, as early as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb