IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 8703 of 2006(J) ------------------------- PETITIONER(S): --------------- FR. K.T.MATHEW, VICAR, ST. JOHN'S CHURCH, KUTTUR, KANNUR DISTRICT. BY ADV. SRI.V.C.JAMES RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, KANNUR. 3. THE TAHSILDAR, TALIPARAMBA, KANNUR DISTRICT. 4. THE VILLAGE OFFICER, KUTTUR, KANNUR DISTRICT. 5. THE TALUK LAND BOARD, TALIPARAMBA, CIVIL LINES, KANNUR, REPRESENTED BY ITS CHAIRMAN. 6. LAND TRIBUNAL, PAYYANNUR GOVERNMENT PLEADER MR.C.K.GOVINDAN FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.8703/06 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF DOCUMENT DT 4.11.1977. P2 COPY OF LETTER ISSUED BY THE DEPUTY COLLECTOR P3 COPY OF ORDER DT 28.1.06. P4 COPY OF REQUEST DT 20.3.06. P5 COPY OF PETITION TO DISTRICT COLLECTOR P6 COPY OF GAZETTE DT 18.10.06 P7 COPY OF PETITION BEFORE LAND TRIBUNAL, PAYYANNUR P8 COPY OF COMMUNICATION DT 19.12.07. P9 COPY OF ORDER DT 18.6.1985. P10 COPY OF STATEMENT OF TAHSILDAR. // TRUE COPY // P.A. TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 8703 OF 2006 J ```````````````````````````````````````````````````` Dated this the 3rd day of April, 2009 J U D G M E N T Petitioner is the Vicar of a Church. It is stated that the land in question was purchased by the previous Vicar and it is in the possession of the Church since 1977. It would appear that there is a ceiling case. The petitioner challenges Ext.P3, a rejection of the request made by the petitioner to permit to pay basic tax. Learned counsel for the petitioner Sri.George Mecheril would point out that there is an amendment to the Land Reforms Act and it is produced as Ext.P6. As per the same, a new provision has been incorporated by which the interest of purchasers from persons with excess land is to be protected. Petitioner made Ext.P7 application. Learned counsel for the petitioner prayed that a decision may be ordered to be taken on Ext.P7. Learned Government Pleader, who got instructions in the matter, would submit that Ext.P7 application is already rejected on 21.12.2007. According to the learned counsel for the petitioner, it was so done without any notice or hearing. WPC.8703/06 : 2 : In such circumstances, writ petition is disposed of without prejudice to the right of the petitioner to take up the matter relating to the order passed on Ext.P7, if so advised, in the appropriate forum. (K.M.JOSEPH, JUDGE) aks