IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 17TH JULY 2009 / 26TH ASHADHA 1931 WA.No. 1536 of 2009() --------------------- AGAINST THE JUDGEMENT IN WPC.23303/2008 Dated 17/06/2009 ............................ APPELLANT(S): PETITIONER ------------------------ SUSHEELA HARIDAS, D/O.LATE P.G.MENON & W/O.A.HARIDAS, DEVI VILAS, CHERPULASSERI, NOW RESIDING AT "SHREE", HOUSE NO.357, CHANDRA NAGAR EXTENSION, P.O.CHANDRANAGAR, PALAKKAD. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. THE TALUK LAND BOARD, OTTAPALAM. 2. THE TAHSILDAR, OTTAPALAM. 3. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE SUB REGISTRAR, CHERPULASSERI. 5. THE VILLAGE OFFICER, CHERPULASSERI. GOVT.PLEADER SMT.K.MEERA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. -------------------------------------------- W.A. No. 1536 of 2009 ---------------------------------------------- Dated 17th July, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the writ petitioner. In the nature of the order we propose to pass in this case, it is not necessary to go into the factual details. The learned Single Judge has directed the Taluk Land Board to consider the maintainability of the proceedings under Section 85(9A) of the Kerala Land Reforms Act. The period for completing the proceedings was fixed as three months. For the said period of three months, the appellant was restrained from transferring her properties. As far as the grievance of the appellant regarding the inclusion of the property in Survey Nos.150/3A and 220/7 of Cherpulassery village is concerned, the appellant and others had already entered into an agreement for sale of 1.53 acres of land for the purpose of discharging the liability for meeting the marriage expenses of the daughter of the appellant's brother. It is submitted that in view of Section 81(1)(c) of the Act, the said property is otherwise liable to be exempted, even assuming that the ceiling case is reopened, W.A. No. 1536 of 2009 2 being the land which forms part of a mill. It is seen from the records of the earlier ceiling proceedings also that the said land was exempted under Section 81(1)(c) of the Kerala Land Reforms Act. Still further it is submitted that in the unlikely event of the Taluk Land Board deciding otherwise, the appellant and others will make good the extent by surrendering another extent of 1.53 acres of other available land permitted to be retained by them. This submission is recorded. In that view of the matter, we modify the judgment to the extent there is restriction for transfer of 1.53 acres of property referred to above. In other words, the petitioner and others are free to alienate the said land. I.A.No.679/09 : Dismissed. KURIAN JOSEPH, JUDGE. K.SURENDRA MOHAN, JUDGE. tgs KURIAN JOSEPH & K.SURENDRA MOHAN, JJ. ---------------------------------------------- W.A. No. 1536 of 2009 ---------------------------------------------- J U D G M E N T Dated 17th July, 2009.