Disposed

Gracy v. the Taluk Land Board

Kerala HC8 Nov 2011WP(C)/320/2010

Case brief

AI extract

What is this about?

Petitioners sought disposal of a claim petition under amended Kerala Land Reforms Act provisions regarding land exemption. The court directed the Taluk Land Board to consider the petition with a hearing within three months and maintain status quo.

What did the court decide?

Directed 1st respondent to dispose of Ext.P4 within three months with hearing opportunity and maintain status quo on possession.

Gracy Vs the Taluk Land Board — Land Acquisition | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM

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TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933

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WP(C).No. 320 of 2010(L)

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---------------------------------

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PETITIONER(S):

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----------------------

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1. GRACY, W/O. ITTIERA, MELADOOR DESOM, ALATHUR VILLAGE, MUKUNDAPURAM TALUK.

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2. VARGHESE, S/O. CHAKKALAKKAL OUSEPH,

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-DO- -DO-

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3. JOHNY, S/O. CHAKKALAKKAL OUSEPH,

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-DO- -DO-

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4. BABY, S/O. ARAKKATHARA GEORGE,

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-DO- -DO-

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BY ADV. SRI.K.G.BALASUBRAMANIAN

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RESPONDENT(S):

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------------------------

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1. THE TALUK LAND BOARD, COCHIN, REPRESENTED BY ITS CHAIRMAN, FORT KOCHI.

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2. THE VILLAGE OFFICER, ALATHUR, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.

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3. THE TAHSILDAR, MUKUNDAPURAM TALUK.

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4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, THIRUVANANTHAPURAM.

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BY GOVT. PLEADER SRI.C.R.SYAM KUMAR.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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STU

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WP(C).No. 320 of 2010(L)

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 : COPY OF REPRESENTATION DTD 25/01/2000 SUBMITTED BY THRESSIA ETC BEFORE 1ST RESPONDENT.

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P2 : COPY OF REPRESENTATION DTD 25/01/2000 SUBMITTED BY BABY BEFORE 1ST RESPONDENT.

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P3 : COPY OF JUDGMENT DTD 31/08/2006 IN OP 16858/00

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P4 : COPY OF OBJECTION FILED BEFORE 1ST RESPONDENT.

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RESPONDENT'S EXHIBITS: NIL

//TRUE COPY//

P.A TO JUDGE.

STU

C.K.ABDUL REHIM, J.

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W.P.(C) No.320 of 2010

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Dated this the 8^th day of November, 2011

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J U D G M E N T

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Petitioners are the assignees to various extent of properties which were owned by a common predecessor in interest who was declarant in a ceiling case under the Kerala Land Reforms Act. When proceedings was initiated to take over possession of the properties, various representations were submitted by the petitioners before the 1^st respondent, as per Ext.P1 and P2. On a previous occasion when the petitioners approached this court, a direction was issued in Ext.P3 judgment to the 1^st respondent to consider their claim while complying with the remand order passed by this court in CRP.17/1999.

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At present, in view of the amendments brought to the Kerala Land Reforms Act by insertion of Section 7(e) and 84(4), claims of the petitioners are that the lands in question, owned and possessed by them, are liable to be exempted. In this regard the petitioners have submitted Ext.P4 application (claim petition) before the 1^st respondent which according to them are

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W.P.(C).320/10

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-2-

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pending disposal before the 1^st respondent. Since no action has been taken on Ext.P4 this writ petition is filed.

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Heard; learned Government Pleader appearing on behalf of respondent. Considering the facts and circumstances I am of the view that interest of justice will be served if a direction is issued to the 1^st respondent to consider and dispose of Ext.P4 expeditiously, within a time limit.

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Therefore the writ petition is disposed of directing the 1^st respondent to consider and dispose of Ext.P4 petition after affording a reasonable opportunity of hearing to the petitioners, as early as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment.

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Status quo on ground with respect to the possession as on today shall be maintained, till the disposal of Ext.P4.

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C.K.ABDUL REHIM, JUDGE.

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okb

Gracy v. the Taluk Land Board

Case brief

What is this about?

What did the court decide?

Gracy v. the Taluk Land Board

Case brief

What is this about?

What did the court decide?

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