High Court Kerala High Court

Moochikkal Kunhali vs The Taluk Land Board on 19 July, 2007

Kerala High Court
Moochikkal Kunhali vs The Taluk Land Board on 19 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 19992 of 2006(E)


1. MOOCHIKKAL KUNHALI, S/O.MOHAMMEDKUTTY,
                      ...  Petitioner
2. HAMSA HAJI, S/O.MOHAMMEDKUTTY,
3. MOOSA, S/O.MOHAMMEDKUTTY,

                        Vs



1. THE TALUK LAND BOARD,
                       ...       Respondent

2. THE TAHASILDAR,

3. THE VILLAGE OFFICER,

                For Petitioner  :SRI.K.K.MOHAMED RAVUF

                For Respondent  : No Appearance

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :19/07/2007

 O R D E R
                               PIUS C. KURIAKOSE, J.

                    ..........................................................

                              W.P.(C)No.19992 OF 2006

                   ...........................................................

                         DATED THIS THE 19th JULY, 2007


                                     J U D G M E N T

The Government Pleader seeks time on the reason that the case

bundle has not been sent to him. But I find that one of the reliefs

sought for in the Writ Petition is that an application Ext.P3 filed by the

petitioners under Section 85(8) of the Kerala Land Reforms Act is

pending before the 1st respondent-Taluk Land Board and the Taluk

Land Board be directed to take a decision on the same. Noticing that

prayer, I am of the view that the merits of the other grounds raised in

the Writ Petition and the grantability of the other reliefs need not be

considered now.

The Writ Petition will stand disposed of issuing the following

directions:-

The 1st respondent will take up Ext.P3, hear the petitioners and

also other affected persons and take a decision on Ext.P3 at the

earliest and at any rate within four months of receiving copy of this

judgment. While taking a decision on Ext.P3, implications of Act 21 of

2006 (by which Section 7E has been introduced and Section 84 has

WP(C)N0.19992/06

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been amended) will also be considered by the Taluk Land Board. The

order of stay presently passed will continue till such time as a decision

is taken on Ext.P3.

(PIUS C.KURIAKOSE, JUDGE)

tgl

WP(C)N0.19992/06

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