IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 WP(C).No. 16475 of 2010(H) -------------------------- REVN.PETITIONER/CLAIMANT :- --------------------------------------------- A.HAMZA, S/O. LATE KUNHAYAMU HAJI, AGED 70 YEARS, RESIDING AT EDAYATTUR DESOM, MELATTUR VILLAGE, MALAPPURAM DISTRICT. BY ADV. SRI.U.K.DEVIDAS RESPONDENT(S)/STATE :- ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, PERINTHALMANNA TALUK. 4. THE VILLAGE OFFICER, MELATTUR, MALAPPURAM DISTRICT. 5. THE SECRETARY, LAND BOARD, THIRUVANANTHAPURAM. 6. THE CHAIRMAN, THE TALUK LAND BOARD, PERINTHALMANNA TALUK. GOVERNMENT PLEADER MR.DILEEP MOHAN FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt WP(C).No. 16475 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the order dated 13.4.2010 in S.R.465 of 1973. Ext.P2 :- Copy of the application and petition for stay filed by the petitioner. Ext.P3 :- Copy of the application u/s.85(5) of the K.L.R. Act filed by the petitioner. Respondent's Exhibits :- NIL //True Copy// P.A. to Judge ANTONY DOMINIC, J. ----------------------------------------- W.P(C) NO.16475 OF 2010 --------------------------------------------------------- Dated this the 30th day of November, 2010 JUDGMENT Exhibit P1 is an order passed by the Taluk Land Board, Perintalmanna directing the declarant to surrender the excess land mentioned therein. According to the petitioner, out of 14.31 acres of land to be surrendered, 11.34 acres have already been surrendered. It is stated that while so, the legal heirs of the declarant have filed Ext.P2 application before the Taluk Land Board, claiming benefit of Section 7E of the Kerala Land Reforms Act, 2005 and Exhibit P3, to set aside order in relation to a portion of land covered by Ext.P1. These applications are pending and this writ petition is filed seeking direction to the 6th respondent to consider Exts.P2 and P3. Taking note of the above, limited nature of the relief is sought without expressing anything on merits, the writ petition is disposed of directing that Exts.P2 and P3 applications shall be considered and orders thereon shall be W.P(C) NO.16475 OF 2010 2 passed at any rate within eight weeks of receipt of a copy of this judgment. In the meanwhile, further proceedings pursuant to Ext.P2, so far as the land is covered by Exts.P2 and P3 are kept in abeyance. This writ petition is disposed of directing the 6th respondent to consider Exts.P2 and P3 and notice to the parties concerned as expeditiously as possible at any rate within two months of production of a copy of this judgment. ANTONY DOMINIC, JUDGE dmb