IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH MARCH 2010 / 20TH PHALGUNA 1931 WP(C).No. 28831 of 2009(Y) -------------------------- PETITIONER: -------------- A.M.AYISHAKUTTY, MANJARAKANDIYIL HOUSE, P.O.KARASSERY, (VIA) MUKKOM, KOZHIKODE. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENTS: ----------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COLLECTOR (LAND REFORMS), LAND TRIBUNAL, COLLECTORATE, KOZHIKODE. BY GOVERNMENT PLEADER, SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2010, ALONG WITH WPC NO. 28856 OF 2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28831 of 2009(Y) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF DOCUMENT NO.481/2007 DATED 15.01.07. EXT.P2 : TRUE COPY OF THE PLROCEEDINGS OF DEPUTY COLLECTOR (LR) KOZHIKODE, AS PER SMC.174/07 DATED 20.09.07. EXT.P3 : TRUE COPY OF THE TAX RECEIPT DATED 09.04.07. EXT.P4 : TRUE COPY OF POSSESSION CERTIFICATE DATED 30.04.07. EXT.P5 : TRUE COPY OF RECEIPT DATED 07.04.09. EXT.P6 : TRUE COPY OF REPORT DATED 30.09.09 OF THE VILLAGE OFFICER, KAKKAD. EXT.P7 : TRUE COPY OF POSSESSION CERTIFICATE DATED 30.09.09. /TRUE COPY/ PS TO JUDGE T.R.Ramachandran Nair, J. ------------------------------------------ W.P.(C) No.28831 of 2009 & W.P.(C) No.28856 of 2009 ------------------------------------------ Dated this the 11th day of March, 2010 JUDGMENT In these two writ petitions, the petitioners seek for a direction to the Land Tribunal to dispose of their applications for assignment of Jenmam right under Section 72(b) of the Kerala Land Reforms Act. 2. In W.P.(C) No.28831 of 2009, the petitioner claims 57 cents of land in R.S.No.63/2 of Karasseri desom of Kakkad Village. Since the petitioner is a cultivating tenant, suo motu proceedings were initiated by the Deputy Collector as per SMC No.174 of 2007, copy of which is produced as Ext.P2. Exts.P3 to P5 are the supporting documents produced by the petitioner. Ext.P6 is the report of the Village Officer and Ext.P7 is the possession certificate. 3. In W.P.(C) No.28856 of 2009, the petitioners got W.P.(C) Nos.28831 & 28856 of 2009 - 2 - 1 acre and 34 cents of land in R.S.No.63/2 of Karasseri Desom of Kakkad Village. In this case also suo motu proceedings have been initiated as per SMC No.175 of 2007, copy of which is produced as Ext.P2. Exts.P3 to P5 are the supporting documents produced by the petitioners. Ext.P6 is the report of the Village Officer and Ext.P7 is the possession certificate. 4. The learned Government Pleader on instructions submits that the Land Tribunal is proceeding with the matter and now the matter is posted on 11.8.2010 for verification of documents and hearing. 5. The Land Tribunal concerned will dispose of the matter after hearing the petitioners and the Adithrikkovil Devaswom within a period of eight months from the date of receipt of a copy of this judgment. Writ petitions are disposed of accordingly. T.R.Ramachandran Nair, Judge vns