The High Court of Kerala, instead of quashing proceedings, issued directions to the Taluk Land Board to dispose of the case within four months, noting the Board is not a civil court or tribunal under Article 227.
Taluk Land Board directed to dispose of CR No. 3/2007 within four 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 ALEXANDER THOMAS
WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939
OP(C).No. 557 of 2018
CR.NO. 3/2007 of TALUK LAND BOARD, ERNAD --------
PETITIONER(S)/
KODITHODIKA AMINAKUTTY UMMA, W/O.LATE MANJERI MOHAMMED KURIKKAL, PAYYANAD P O, MANJERI.
BY ADVS.SMT.PRABHA R.MENON SRI.R.MANOJ SMT.S.MEERA
RESPONDENT(S)/:
THE TALUK LAND BOARD, ERNAD, REPRESENTED BY ITS CHAIRMAN, HAVING ITS OFFICE AT COLECTORATE, MALAPPURAM.
BY SENIOR GOVERNMENT PLEADER SRI.M.I.JOHNSON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
OP(C).No. 557 of 2018 (O) ------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER IN CR.NO.45/76 DATED 29/6/1976 OF THE TALUK LAND BOARD ERNAD. EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE LAND BOARD DATED 21/4/1977. EXHIBIT P3 TRUE COPY OF THE NOTICE DATED 16/11/2007 ISSUED TO THE PETITIONER. EXHIBIT P4 TRUE COPY OF THE DRAFT STATEMENT ISSUED TO THE PETITIONER DATED NIL. EXHIBIT P5 TRUE COPY OF THE OBJECTIONS DATED 18/6/2010 FILED BY THE PETITIONER BEFORE THE TALUK LAND BOARD, ERNAD IN CR.3/2007.
RESPONDENT(S)' EXHIBITS - NIL
/TRUE COPY/
PS TO JUDGE
TS 07/03/2018
ALEXANDER THOMAS, J.
O.P(C).No.557 Of 2018
Dated this the 28th day of February, 2018.
The prayers in this Original Petition (Civil) filed under the enabling provisions in Article 227 of the Constitution of India are as follows:
submits on the basis of instructions of her party that the present petition
has actually been filed under the enabling provisions contained in Article 226 of the Constitution of India and that the petitioner is only pressing for alternate prayer No.(ii) to ensure the early final disposal of the Taluk Land Board proceedings at C.R.No.3 of 2007 by the Taluk Land Board, Eranad without any further delay.
::2::
O.P(C).No.557 Of 2018
Board cannot be said to be a civil court or a tribunal within the meaning of Article 227 of the Constitution of India. However, as rightly pointed out by Smt.Prabha R. Menon, learned counsel for the petitioner, the enabling provisions under Article 226 of the Constitution of India could be exercised.
::3::
O.P(C).No.557 Of 2018
the interest of justice that the Taluk Land Board, Eranad will take all necessary measures possible under the circumstances, to ensure the early final disposal of CR No. 3/2007 without any further delay, preferably within a period of 4 months from the date of production of certified copy of the Judgment.
The petitioner will produce a certified copy of this judgment before the Taluk Land Board, Eranad for necessary information.
With these observations and directions, the above Original Petition (Civil) will stand finally disposed of.
Sd/-
ALEXANDER THOMAS,
Judge.
Bkn/-
// True copy //
P.A to Judge.
1 issue framed by the court
Whether the court can issue directions for early disposal of proceedings before the Taluk Land Board under Article 226 of the Constitution of India.
Kodithodika Aminakutty Umma
The Taluk Land Board, Ernad
Alexander Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
