IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 34680 of 2009(D) ----------------------------------- PETITIONER(S): ------------------------ AVARANKAL RAHIM, S/O. MOHAMMED ALIAS BAVA HAJI, THIRUNAVAYA AMSOM, EDAKKULAM DESOM, THIRUNAVAYA.P.O, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. MR.JAMSHEED HAFIZ RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, TRIVANDRUM. 2. THE TAHSILDAR, TIRUR TALUK, MALAPPURAM DISTRICT. BY GOVT. PLEADER MR.M.L.SAJEEVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN,J. ---------------------------------------- W.P.(C) No. 34680 of 2009 - D ---------------------------------------- Dated 3rd December, 2009 Judgment By order passed on 17.4.2009 in CR 2/73, the Taluk Land Board, Tirur directed the declarant to surrender, among other items of properties, 48 cents of land situated in Resurvey No.327/1 of Thirunavaya Amsom Desom, Tirur Taluk, Malappuram district. The petitioner claims that he has title to the said parcel of land and that his predecessor had obtained a certificate of purchase in respect of the said property. On coming to know of the order passed by the Taluk Land Board, he has filed Ext.P1 application under section 85 (8) of the Kerala Land Reforms Act, 1963. Along with Ext.P1 application, the petitioner has also filed an application seeking stay of assignment of the land situated in Resurvey No.327/1 of Thirunavaya Amsom Desom, Tirur Taluk, Malappuram district. This writ petition is filed seeking a direction to the Taluk Land Board to consider Ext.P1 application and to pass orders W.P.(C) No.34680/2009 2 thereon within a time limit to be fixed by this Court. The petitioner also seeks a direction to the respondents not to assign the lands over which he claims title to third parties till orders are passed on Ext.P1 application. 2. The pleadings and materials on record disclose that in respect of the land owned by him and situate in Resurvey No.327/1 of Thirunavaya Amsom Desom, Tirur Taluk, Malappuram district, the petitioner has filed Ext.P1 application before the Taluk Land Board, Tirur for excluding the land belonging to him from the account of the declarant. It is the admitted case of the parties that the possession of the land has been taken over. Since the petitioner has invoked a remedy available to him in law, if pending disposal of Ext.P1 application, the lands taken possession of from him are assigned to third parties, the remedy available to the petitioner will be rendered illusory and meaningless. W.P.(C) No.34680/2009 3 In such circumstances, I dispose of this writ petition with a direction to the Taluk Land Board, Tirur to consider Ext.P1 application filed under section 85 (8) of the Kerala Land Reforms Act and pass orders thereon after notice to and affording the petitioner and the declarant a reasonable opportunity of being heard. Final orders in the matter shall be passed within four months from the date on which the petitioner produces or the Taluk Land Board receives a certified copy of this Judgment. The Taluk Land Board shall after orders are passed, communicate a copy thereof to the petitioner. Till such time as orders are passed as directed above and for a period of two weeks from the date of communication of the order to the petitioner, the lands involved in Ext.P1 application namely, the land situated in Resurvey No.327/1 of Thirunavaya Amsom Desom, Tirur Taluk, Malappuram district having an extent of 48 cents shall not be assigned to third parties. It is clarified that nothing contained in this judgment will stand in the way of the State W.P.(C) No.34680/2009 4 Government from taking steps to assign the lands other than the lands involved in this writ petition to third parties. P.N.RAVINDRAN Judge vaa