IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 29390 of 2009(P) --------------------------------- PETITIONER(S): -------------------- C.M.ABDUL SALAM, S/O. MOIDEENKUTTY, CHANDRA NAGAR, PALAKKAD TALUK, PALAKKAD DIST. BY ADVS.MR.A.JAYASANKAR MR.MANU GOVIND MR.PRAMOD DAS LOHYA SMT.B.MEERA RESPONDENT(S): ------------------------- 1. THE PALAKKAD TALUK LAND BOARD, PALAKKAD, REPRESENTED BY ITS CHAIRMAN. 2. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT. OF REVENUE, TRIVANDRUM. 3. THE VILLAGE OFFICER, KODUMBU VILLAGE, PALAKKAD DISTRICT. ADDL. R4 IMPLEADED. 4. THE LAND TRIBUNAL, PALAKKAD *ADDL. R4 IS IMPLEADED AS PER ORDER DTD.24/03/2010 IN IA. NO.1275/2010 R1 BY GOVERNMENT PLEADER MR.K.RAMESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29390/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SALE DEED NO.21761995 DTD. 31ST MARCH 1995. P2:- COPY OF THE TAX RECEIPT DTD. 1.12.01. P3:- COPY OF THE REPRESENTATION DTD. 29.10.05 BEFORE THE PALAKKAD TALUK LAND BOARD. TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.29390 OF 2009 ----------------------------------------------------- DATED THIS THE 24th DAY OF MARCH, 2010 J U D G M E N T The petitioner is the purchaser of a property measuring 21.40 cents in Re-survey No.536/4 and 535/2 (old Survey No.118/3, 8A, 117/1 & 117/2) from one Dhanika Chala Udayar and Sri Senthil Kumar. A copy of the sale deed has been produced as Exhibit P1 and the tax receipt has been produced as Exhibit P2. According to the petitioner, he is a bona fide purchaser of the land for valid consideration. The Village Officer refused to accept the land tax in the light of the pendency of a ceiling case, SM1/95 under the Kerala Land Reforms Act, before the 1st respondent Land Board. The petitioner is claiming the benefit of Section 7E of the Amendment Act, 2005. Exhibit P3 is the copy of a representation filed before the Land Board. 2. It is submitted by the learned Government Pleader that the petitioner will have to approach the concerned Land Tribunal and if such an application is filed, then alone the claim can be considered. W.P.(C)No.29390/09 -2- 3. Therefore, if the petitioner files a proper application before the Land Tribunal concerned, the Land Tribunal will take every effort to dispose of the matter, at any rate, within a period of one year. The petitioner will produce a copy of the Writ Petition along with a copy of the judgment for compliance. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn