IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 4TH MARCH 2010 / 13TH PHALGUNA 1931 WP(C).No. 20655 of 2009(B) --------------------------------------- PETITIONER: ------------------- FR. JINO GEORGE, VICAR, ST.JOHN'S CHURCH, KUTTUR, KANNUR DISTRICT. BY ADVS. MR.V.C.JAMES, MR.GEORGE MECHERIL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, 2. THE LAND TRIBUNAL, PAYYANNUR. R1 & R2 BY GOVERNMENT PLEADER MR. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20655/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE SALE DEED NO.1113/1977 DTD. 04/NGAYIL LAKSHMI AMMA. EXT.P.2: COPY OF THE ACT PUBLISHED IN THE KERALA GAZETTE, EXTRA ORDINARY DTD. 18/10/2006. EXT.P.3: COPY OF THE PETITION FILED BY THE VICAR BEFORE THE LAND TRIBUNAL, PAYYANNUR UNDER SECTION 106 (B) THE KERALA LAND REFORMS ACT ON 01/01/2007. EXT.P.4: COPY OF THE JUDGMENT DTD. 03/04/09 IN W.P.(C).NO.8703/06. EXT.P.5: COPY OF THE ORDER DTD. 21/12/2007 IN REF.D/86/07 OF THE R.2. EXT.P.6: COPY OF THE REPORT DTD. 16/04/07 ISSUED BY THE SPECIAL REVENUE INSPECTOR, PANNANNUR. EXT.P.7: COPY OF THE COMMUNICATION DTD. 17/06/09. EXT.P.8: COPY OF THE COMMUNICATION DTD. 10/07/09 OF THE VILLAGE OFFICER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.20655 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2010. JUDGMENT The petitioner herein is the purchaser of an extent of 5 acres of land in R.S. No.77/1A1 of Kuttur amsom desom, Kuttur village in Taliparamba Taluk, as per Ext.P1. The document was executed by one Smt. Lakshmi Amma who obtained the property as per partition deed No.1723/1957. The petitioner experienced difficulty in remitting land tax and the matter was taken up with the District Collector who forwarded the petition to the Tahsildar for enquiry. The authorities are of the view that the petitioner's vendor was holding excess land above the ceiling limit and therefore the transaction is not valid. The petitioner approached this Court by filing W.P.(C) NO.8703/2006 and in the meanwhile the Kerala Land Reforms (Amendment) Act, 2005 came into force. According to the petitioner, he is entitled for the benefit of Sections 7E, 84(4) and 106(B) of the Act. Exts.P5 to P8 are various communications and reports with regard to the claim for payment of land tax, etc. I am not going into the details of the same in the light of the fact that it is up to the Land Tribunal concerned to take a decision in the matter. wpc 20655 /2009 2 2. The second respondent has filed a counter affidavit in the matter opposing the prayers of the petitioner. 3. The issue whether the Land Tribunal will have to adjudicate the claim under Section 7E of the Act, is now concluded by a decision of this Court in Institute of Brothers of St. Gabriel v. State of Kerala (2008 (4) KLT 631). It appears that the Government had issued a letter dated 23.5.2008 to all the District Collectors and Chairmans of the Taluk Land Boards directing to keep the operation of Section 7E in abeyance until further orders. It was held by this Court in Institute of Brothers of St. Gabriel's case (supra), that it is inconceivable for the Government to direct the District Collectors and other quasi judicial authorities not to exercise the powers under Section 7E of the Act and to ignore the same. It was held thus: “Once therefore Section 7E was inserted in the Principal Act, it becomes law. It is inconceivable for the Government to direct, not only the District Collectors in the State but also the quasi judicial authorities otherwise constituted under Sections 99 and 100 of the Kerala Land Reforms Act not to exercise the powers under Section 7E of the Land Reforms Act and to ignore as it were, a provision in the Land Reforms Act.” In the light of the above, the matter will have to be gone into by the Land Tribunal concerned, the second respondent herein. wpc 20655 /2009 3 4. There will be a direction to the second respondent to consider Ext.P3, take evidence and pass appropriate orders within a period of eight months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/