IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16212 of 2008(E) -------------------------- PETITIONERS: --------------- 1. SAIDAMMARAKATH PAZHAYAPURAYIL AYISHABI ALIAS BAMBATHIBHI, AGED 58 YEARS, D/O. LATE THAYILAKANDI PUTHIYAPURAYIL MOOSAKUTTY, RESIDING AT CHIRAKKAL AMSOM, DESOM. 2. SAIDAMMARAKATH PAZHAYAPURAYIL MARIYU, AGED 56 YEARS, D/O. LATE THAYILAKANDI, PUTHIYAPURAYIL MOOSAKUTTY, RESIDING AT CHIRAKKAL AMSOM, DESOM. 3. NABEESA, AGED 55 YEARS, D/O. LATE THAYILAKANDI, PUTHIYAPURAYIL MOOSAKUTTY, RESIDING AT CHIRAKKAL AMSOM, DESOM. 4. HASHIM, AGED 53 YEARS, S/O. LATE THAYILAKANDI, PUTHIYAPURAYIL MOOSAKUTTY, RESIDING AT CHIRAKKAL AMSOM, DESOM. 5. JAMEELA, AGED 51 YEARS, S/O. LATE THAYILAKANDI PUTHIYAPURAYIL MOOSAKUTTY, RESIDING AT CHIRAKKAL AMSOM, DESOM. BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID RESPONDENTS: ---------------- 1. SPECIAL DEPUTY TAHSILDAR, LAND BOARD, KANNUR TALUK, COLLECTORATE, KANNUR. 2. KANNUR TALUK LAND BOARD, REPRESENTED BY CHAIRMAN, COLLECTORATE, KANNUR. BY GOVERNMENT PLEADER SRI. I.V. PRAMOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.16212 OF 2008 ---------------------------------------- Dated this the 30th day of May, 2008 JUDGMENT The petitioners' case in this writ petition is that mistaking the petitioners to be the children of one Sri. T.P.Moosakutty, S/o. Muhammed Kunhi, the petitioners, who are the children of T.P. Moosakutty, S/o. Abdul Azeez are proceeded against by the Taluk Land Board under the ceiling provisions of the Kerala Land Reforms Act as per proceedings in TLB No.1/1981 pending before the Taluk Land Board, Kannur. They challenge the said proceedings. However, they admit that no final orders have been passed by the Taluk Land Board in this regard. The petitioners seek a direction to the Taluk Land Board, Kannur to consider this specific contention of the petitioner before orders are passed in the matter. 2. I have heard the learned Government Pleader also. When the petitioners raised a question of mistaken identity, the Taluk Land Board has a duty to enquire into the same and enter a finding regarding that contention of the petitioners. W.P.(c)No..16212/08 2 Accordingly, I dispose of this writ petition with a direction to the Taluk Land Board, Kannur to consider this specific contention of mistaken identity raised by the petitioners and pass orders on the same, as expeditiously as possible. S. SIRI JAGAN, JUDGE Acd W.P.(c)No..16212/08 3