IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 17069 of 2006(F) -------------------------- CC.1906/1973 of TALUK LAND BOARD, CHITTUR .................... PETITIONER: -------------------- A.R.BHAVADAS, S/O.RAMANKUTTY, AZHICHIRA HOUSE, VANDITHAVALAM POST, PALAKKAD DISTRICT. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENTS: ------------------------ 1. THE TALUK LAND BOARD (CHITTUR), CIVIL STATION, PALAKKAD. 2. THE TAHSILDAR, CHITTUR, PALAKKAD DISTRICT. 3. N.SUDHAKARAN, S/O.KUTTAN, NAVUKODE HOUSE, PATTANCHERRY POST, CHITTUR TALUK, PALAKKAD DISTRICT. R3 BY ADV. SRI.P.VIJAYA BHANU SRI.P.SANTHOSH (PODUVAL) BY GOVERNMENT PLEADER SMT. R. BINDU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17069/2006 F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE TALUK LAND BOARD, CHITTUR MADE IN C.C.1906/73 DTD. 28/12/2000. EXT.P2: COPY OF THE GIFT DEED NO.1388/1970 OF S.R.O., CHITTUR. EXT.P3: COPY OF THE JUDGMENT OF THIS HON'BLE COURT MADE IN O.P.NO.26071/01 DTD. 30/03/06. /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 17069 OF 2006 = = = = = = = = = = = = = = = Dated this the 25th day of January, 2008. J U D G M E N T This writ petition is filed with a prayer to the 1st respondent to consider the objections of the petitioner and other legal heirs of the declarant Sri.Kunchelan in connection with C.C.1906/73 at the time of hearing of the petition filed by the 3rd respondent under Section 85(8) of the Kerala Land Reforms Act. Learned counsel for the writ petitioner submits that his client is not a party to the original Taluk Land Board proceedings. He is one of the grandsons of the declarant (through mother). Now it is submitted that an application under Section 85(8) of KLR Act has been filed. By Ext.P3 judgment this Court has directed some of the matters are to be looked into. Therefore I direct the Taluk Land Board to consider Section 85(8) application which is sought to be filed by the declarant now including its maintainability and pass appropriate orders in accordance with law. W.P.C 17069 OF 2006 -:2:- 2. The writ petitioner is at liberty to move the Taluk Land Board for appropriate orders not to take possession of the item claimed by him under the Gift. In order to enable the writ petitioner to do so, I direct the Government not to take possession of the property for a period of one month. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-