IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST OCTOBER 2011 / 29TH ASWINA 1933 WP(C).No. 27976 of 2011(V) -------------------------- PETITIONER(S): ---------------------- 1. SEBASTIAN, S/O.P.V.VARKEY, PULLELIL HOUSE, SANJO NAGAR, KHANNA NAGAR P.O., MURINGOOR, CHALAKKUDY-690 309, THRISSUR DISTRICT. 2. VARGHESE, S/O.OUSEPH, ANJERI HOUSE, MALAYINKEEZHU, KOTHAMANGALAM TALUK, NADUKANI P.O., ERNAKULAM DISTRICT-686 691. 3. MARIAKUTTY, W/O.VARGHESE, VARIKKATTU HOUSE, PAINAMATTOM, MARIKKINAR P.O., NELLIMATTOM VIA, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT, PIN-686 693. 4. JAISA TOMY, S/O.THOMAS, PRUPALLICHIRA HOUSE, MALAYINKEEZHU, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-686691 5. THOMAS JOSEPH, S/O.JOSEPH, PERUMPALLICHIRA HOUSE, MALAYINKEEZHU, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-686 691. 6. DAVID, S/O.K.D.ANTONEY, KATTOKKARAN HOUSE, OLLUR P.O., PIN-680 306, THRISSUR TALUK, THRISSUR DISTRICT. 7. ANNAKKUTTY, W/O.JOSEPH, KANNATAN HOUSE, MALAYINKEEZHU KARA, KOTHAMANGALAM P.O., PIN-686 691, KOTHAMANGALAM, ERNAKULAM DISTRICT. 8. CICILY, W/O.BINU, THARAPPEL HOUSE, THIDANADU KARA, KALEKETTY P.O., PIN-686 508, KONDOOR VILLAGE, MENCHIL TALUK, KOTTAYAM DISTRICT. WPC NO.27976/11 -2- 9. AGI TOM, W/O.THOMAS, PALLIVATHUKKAL HOUSE, MUTTOM P.O., THODUPUZHA TALUK, IDUKKI DISTRICT, PIN-685 587. 10. SENSILAVOS, S/O.JOSEPH, PERUMPALLICHIRA HOUSE, MALAYINKEEZHU, KOTHAMANGALAM P.O., ERNAKULAM DISTRICT, PIN-686 691. 11. CHACKOCHEN, S/O.DEVASSIKUTTY, MUNDACKAL HOUSE, VAYANASALAPPADI, KUTHUKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691. 12. LILLY, W/O.CHACKOCHEN, MUDACKAL HOUSE, VAYANASALAPPADI, KUTHUKUZHI P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691. 13. CICILY JOHNSON, D/O.THERESA, HILL GARGEN HOUSING COLONY, ANCHERY P.O., PIN-680 006, THRISSUR DISTRICT. 14. FEMI SAJAN, W/O.SAJAN, ARTHUNKAL HOUSE, MYTHRI ROAD, THRIKKAKARA VILLAGE, KANAYANNUR TALUK, EDAPPILLY P.O., PIN-682 036, ERNAKULAM DISTRICT. 15. BOBY ABRAHAM, S/O.P.G.ABRAHAM,PADAYATTIL HOUSE, EDAPPALLY KARA, THRIKKAKARA VILLAGE,KANAYA- NNUR TALUK, EKM.DIST., REP. BY HIS P/AT HOLDER FEMI SAJAN, W/O.SAJAN, ARTHUNGAL HOUSE, MYTHRI ROAD, THRIKKAKARA VILLAGE, EDAPPILLY P.O., PIN-682 036, KANAYANNUR TALUK, ERNAKULAM DISTRICT. 16. VIJU ABRAHAM, S/O.P.G.ABRAHAM, PADAYATTIL HOUSE, EDAPPALLY KARA, THRIKKAKARA VILLAGE,KANAYANNUR TALUK, EKM.DIST., REP. BY HIS P/AT HOLDER FEMI SAJAN, W/O.SAJAN, ARTHUNGAL HOUSE, MYTHRI ROAD, THRIKKAKARA VILLAGE,EDAPPILLY P.O., PIN-682 036, KANAYANNUR TALUK,EKM. DIST. BY ADV. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.C.N.MIDHUN SRI.GEORGE KUTTY MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. WPC NO.27976/11 -3- 2. THE TALUK LAND BOARD, KOTHAMANGALAM-689 691. 3. THE TAHSILDAR, KOTHAMANGALAM TALUK-689 691. 4. THE DEPUTY TAHSILDAR, KOTHAMANGALAM-689 691. 5. THE VILLAGE OFFICER, KEERAMPARA-689 691. 6. THE VILLAGE OFFICER, KOTHAMANGALAM-689 691. SR.GOVT.PLEADER SMT.M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.27976/11 APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1- TRUE COPY OF APPLICATION UNDER SECTION 7E FILED BY IST PETITIONER DATD 3.12.2007. EXHIBIT P2- TRUE COPY OF APPLICATION FILED BEFORE THE 2ND RESPONDENT BY THE 2ND PETITIONER. EXHIBIT P3- TRUE COPY OF APPLICATION FILED BEFORE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P4- TRUE COPY OF THE JUDGMENT IN WP(C)NO.10467/2009 DATED 31.3.2009. EXHIBIT P5- TRUE COPY OF APPLICATION FILED BY 4TH PETITIONER TO 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P6- TRUE COPY OF APPLICATION FILED BY 5TH PETITIONER TO 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P6(A)- TRUE COPY OF APPLICATION FILED BY 5TH PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P7- TRUE COPY OF APPLICATION SUBMITTED BY 6TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBITP8- TRUE COPY OF APPLICATION FILED BY 7TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P9- TRUE COPY OF APPLICATION FILED BY 8TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P10- TRUE COPY OF APPLICATION FILED BY 9TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P11- TRUE COPY OF APPLICATION FILED BY 10TH PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P12- TRUE COPY OF THE APPLICATION FILED UNDER SECTION 7E OF THE KERALA LAND REFORMS ACT BY PETITIONERS 11 & 12 BEFORE 2ND RESPONDENT. EXHIBIT P13- TRUE COPY OF APPLICATION FILED BY 13TH PETITIONER BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P14- TRUE COPY OF APPLICATION FILED BY LATE KOCHU THERISIA BEFORE THE 2ND RESPONDENT UNDER SECTION 7E OF KERALA LAND REFORMS ACT DATED 3.12.2007. WPC NO.27976/11 -2- EXHIBIT P15- TRUE COPY OF THE APPLICATION FILED BY 15TH PETITIONER SEEKING BENEFIT UNDER SECTION 7E OF THE KERALA LAND REFORMS ACT BEFORE THE 2ND RESPONDENT DATED 3.12.2007. EXHIBIT P16- TRUE COPY OF THE JUDGMENT IN WP(C) NO.21464/2011 DATED 5.8.2011. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 27976 OF 2011 ===================== Dated this the 21st day of October, 2011 J U D G M E N T Petitioners submit that they have purchased various extents of properties, which is now known to be the subject matter of proceedings before the Land Board bearing NO.SR 504/73/KLM/A7. It is stated that in the aforesaid circumstances, they filed applications under Section 85(8) of the Kerala Land Reforms (Amendment) Act, 2005, copies of which are Exts.P1 to P3 and Exts.P5 to P15. The applications are pending and petitioners submit that in the meanwhile, respondents are taking steps for measurement and resumption of the properties. It is in these circumstances, the writ petition has been filed. 2. Learned counsel for the petitioners relied on Ext.P16 judgment to support his contention. On a reading of Ext.P16 judgment, it can be seen that the facts of this case is similar to the facts dealt with by this Court in the said judgment. Therefore, petitioners are entitled to similar reliefs. 3. In that view of the matter, the writ petition is disposed of directing that the 2nd respondent will consider and pass orders WPC No. 27976/11 :2 : on Exts.P1 to P3 and Exts.P5 to Ext.P15 with notice to the petitioners and as expeditiously as possible. It is directed that proceedings for measurement and resumption of the properties, which are subject matter of the aforesaid applications, shall be kept in abeyance until orders are passed by the 2nd respondent as directed above. Petitioners should produce a copy of this judgment along with a copy of the writ petition before respondents 2 and 3 for compliance. ANTONY DOMINIC, JUDGE Rp