The court directed the Taluk Land Board to consider a Section 7E petition regarding land claims with proper notice to petitioners and legal heirs, ordering that no dispossession occurs for two months.
Directing Taluk Land Board to consider Section 7E petition with notice and staying dispossession for two months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 2ND DAY OF DECEMBER 2013/11TH AGRAHAYANA, 1935
WP(C).No. 26372 of 2013 (V)
PETITIONER(S):
1. VISWANATHAN K
2. VIKAS VISWANATHAN
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENT(S):
1. GOVERNMENT OF KERALA REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. THE TALUK LAND BOARD ALATHUR, PALAKKAD DISTRICT, 678 001
3. THE TAHSILDAR ALATHUR TALUK, PALAKKAD DISTRICT, 678 101
4. VIJAYASANKAR S/O.LATE C.NARAYANANKUTTY, CHULLIYIL HOUSE CHOOLANUR POST, PERINGOTTUKURISSI, ALATHUR TALUK PALAKKAD DISTRICT, 678 101
DCS
WP(C).No. 26372 of 2013 (V)
5. JAYAKRISHNAN S/O.LATE C.NARAYANANKUTTY, CHULLIYIL HOUSE CHOOLANUR POST, PERINGOTTUKURISSI, ALATHUR TALUK PALAKKAD DISTRICT, 678 101
6. THE LAND TRIBUNAL ALATHUR, PALAKKAD DISTRICT - 678 101
R1 TO R3 BY GOVERNMENT PLEADER SMT. LILLY K.T.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-12-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 26372 of 2013 (V)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE DEED NO.2178/1996 ON THE FILE OF SRO, ALATHUR. EXHIBIT P2 : TRUE COPY OF THE DEED NO.2179/1996 ON THE FILE OF SRO, ALATHUR. EXHIBIT P3 : TRUE COPY OF THE ORDER DT.13-6-2013 PASSED IN SM NO. 2/1989 AND 2/2000 ON THE FILE OF R2. EXHIBIT P4 : TRUE COPY OF THE PETITION FILED UNDER SEC.7E OF THE KLR ACT, BEFORE THE R2. EXHIBIT P5 : TRUE COPY OF THE STAY PETITION FILED IN EXT.P4 PETITION. EXHIBIT P6 : TRUE COPY OF THE POSTAL RECEIPT RECEIVED ON SENDING EXTS.P4 AND P5.
RESPONDENT(S)' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
DCS
V. CHITAMBARESH, J
W.P.(C). NO. 26372 OF 2013
Dated this the 02nd day of December, 2013
JUDGMENT
The petitioners have filed Ext. P4 petition under Section 85(8) of the Kerala Land Reforms Act to set aside Ext. P3 order of the Taluk Land Board in so far as it relates to the lands claimed by them. The petitioners call in aid the amended provisions of Section 7E of the Kerala Land Reforms Act to substantiate their claim. Ext. P4 petition is supported by Ext. P5 petition for stay of dispossession of the petitioners from the lands in question.
The writ petition is disposed of.
V. CHITAMBARESH JUDGE
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2 issues framed by the court
Whether to direct the Taluk Land Board to consider the Section 7E petition with notice to petitioners and legal heirs.
Whether to grant a temporary stay against dispossession while the petition is pending consideration.
2 provisions across 1 enactments
Viswanathan K
Vikas Viswanathan
Government of Kerala
The Taluk Land Board Alathur
The Tahsildar Alathur
Vijayasankar
V. Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
