IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 28282 of 2010(I) -------------------------- PETITIONERS: --------------- 1. C.K.KURIEN, CHOORANOLIKKAL, CHEEYEMBAM.P.O., PULPALLY VIA, WYNAD DISTRICT. 2. K.C.JOSEPH, KUNNATHUMACKAL HOUSE, KULATHUVAYAL.P.O., AMBALAVAYAL, WYNAD DISTRICT. 3. K.J.RAJAN, KUNNATHUMACKAL HOUSE, KULATHUVAYAL.P.O., AMBALAVAYAL, WYNAD DISTRICT. 4. GRACY JOSEPH, KUNNUMPURATH HOUSE, MULLANKOLLI.P.O., PULPALLY, WYNAD DISTRICT. 5. LEELAMMA, KUNNUMPURATH HOUSE, MULLANKOLLI.P.O., PULPALLY, WYNAD DISTRICT. 6. C.U.CHANDY, CHERUMALA HOUSE, MULLANKOLLI.P.O., PULPALLY, WYNAD DISTRICT. 7. MARIAM, W/O.PARACKAL JOSEPH, PARACKAL HOUSE, KULATHUVAYAL, AMBALAVAYAL, WYNAD DISTRICT. 8. CHACKO, S/O.JOSEPH, PARACKAL HOUSE, CHEEYEMBAM.P.O., PULPALLY VIA, WYNAD DISTRICT. 9. PARACKAL JOSEPH, S/O.JOSEPH, CHEEYEMBAM.P.O., PULPALLY VIA, WYNAD DISTRICT. 10. A.T.PHILOMINA, CHERUMALA HOUSE, MULLANKOLLI.P.O., PULPALLY, WYNAD DISTRICT. WP(C).No. 28282 of 2010(I) 11. U.JOSE, PONGOLAYIL, CHEEYEMBAM.P.O., PULPALLY VIA, WYNAD DISTRICT. 12. C.J.ELIAS, CHULLOPILLIYIL HOUSE, P.O.NOOLPUZHA, SULTHAN BATHERY. 13. C.J.GEORGE, CHULLOPILLIYIL HOUSE, P.O.NOOLPUZHA, SULTHAN BATHERY. 14. MARY JOSE, NEDUMKALLEL HOUSE, SULTHAN BATHERY. 15. C.GIRIJA DEVI, IRRUMPPANKAL MADATHIL, MPG QUARTERS, SULTHAN BATHERY. 16. N.J.JOSE NEDUMKALLEL, NEDUMKALLEL HOUSE, SULTHAN BATHERY, WYNAD. BY ADV. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, THE DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, COLLECTRATE, WYNAD. 3. TALUK LAND BOARD, REP.BY ITS CHAIRMAN & DEPUTY COLLECTOR (LR), COLLECTRATE, WYNAD. 4. K.KESAVAN, PRESIDENT, PATTIKA VARGA GRAMA VIKASANA SAMITHI, MOODKOLLI.P.O., VAKERI, THAZHATHANGADI. BY SR. GOVERNMENT PLEADER ADV. MR. BENNY GERVASIS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, CJ & P.R. RAMACHANDRA MENON, J. .............................................................................. W.P.(C) No. 28282 OF 2010 ......................................................................... Dated this the 20th January, 2011 J U D G M E N T P.R. Ramachandra Menon, J. The petitioners have approached this Court with the following prayers: “i) a Writ of certiorari or any other appropriate writ, order or direction to quash Ext.P1 and similar notices issued by the 2nd respondent directing eviction of the petitioners from their respective properties. ii) declare that the petitioners are not liable to be evicted from their respective properties in the light of Section 7E and 84(4) of the Kerala Land Reforms (Amendment )Act, 2005. iii) a Writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to consider and pass an order in the stay petition preferred by the petitioners in Ext. P2 forthwith. iv) a Writ of mandamus or any other appropriate writ, order or direction commanding the W.P.(C) No. 28282 OF 2010 2 respondents 1 to 3 not to initiate any coercive steps against the petitioners to evict them from their respective properties. v) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs.” 2. When the matter came up before this Court on 13th September, 2010, the contention of the petitioners was considered, particularly with regard to the grievance that despite their approaching the Taluk Land Board as per Ext. P3, no interim orders had been passed and the matter was directed to be posted along with C.O.C. No. 531 of 2010. 3. However, when the matter is taken up for further consideration today, it is stated by the learned Government Pleader as well as the learned Counsel for the petitioners that the Taluk Land Board has already finalised the proceedings and that, out of the 16 petitioners, except Petitioner No.15, all are found as having valid title. The learned Counsel for the petitioners submits in the said circumstances that no further orders are necessary in respect of the above 15 persons, except for petitioner No.15, who intends to pursue his remedy by W.P.(C) No. 28282 OF 2010 3 challenging the orders passed by the Taluk Land Board, in accordance with the relevant provisions of law. The learned Counsel for the petitioners submits that the petitioners might be permitted to withdraw the Writ Petition with liberty to the 15th petitioner for pursuing the remedy as aforesaid. After hearing both the sides, we grant permission as sought for and accordingly, the Writ Petition is dismissed as withdrawn. However, we make it clear that if any proceeding is filed by the 15th petitioner or any others concerned including the State, in connection with the cause of action involved, challenging the orders passed by the Taluk Land Board, the same shall be caused to be placed before this Court and it shall be tagged along with C.O.C.No.531 of 2010. J. CHELAMESWAR, CHIEF JUSTICE. P.R. RAMACHANDRA MENON, JUDGE. lk