IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 11358 of 1999(B)
1. CHANDRAN
... Petitioner
Vs
1. THE TALUK LAND BOARD
... Respondent
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :24/11/2009
O R D E R
S.SIRI JAGAN, J.
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O.P.No. 11358 of 1999
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Dated this the 24th day of November, 2009
J U D G M E N T
The petitioner claims to be the son and legal heir of one Chinnan,
who is no more. The petitioner inherited 1.39 acres of land in Re-
survey No.345/26 of Alathur Taluk from Chinnan. On coming to know
that the said property has been included as excess land to be
surrendered by one Madhavan in ceiling case No.24/1979 of Taluk
Land Board, Alathur, the petitioner filed Ext.P1 application under
Section 85(8) of the Kerala Land Reforms Act. The petitioner’s
grievance is that without passing orders on Ext.P1 application,
proceedings have been initiated for recovery of possession of that
property from the petitioner. It is under the above circumstances, the
petitioner has filed this original petition seeking the following reliefs;
“i) Issue a writ of mandamus or appropriate writ, order or direction to
consider Ext.P1 filed by the petitioner before the 1st respondent.
ii) to grant such other and further reliefs as are just, proper and
necessary in the facts and circumstances of the case.”
2. The learned Government Pleader would submit that on
enquiry it was found that in a partition in the family of the properties
of the said Madhavan, in respect of which, ceiling case No.24/79 was
initiated, the property possessed by the petitioner was included in the
share of Madhavan. As such, it forms part of the properties included in
O.P.11358/99 2
the ceiling case of Madhavan. However, it is admitted before me that
no orders have been passed on Ext.P1. I am of opinion that before
passing further orders in the matter, the Taluk Land Board has a duty
to consider and pass orders on Ext.P1 after affording an opportunity of
being heard to the petitioner.
3. In the above circumstances, this original petition is
disposed of with a direction to the 1st respondent to complete the
proceedings on Ext.P1 after affording an opportunity of being heard to
the petitioner, which shall include opportunity to adduce evidence also,
before proceeding further against the property which is in the
possession of the petitioner.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
S.SIRI JAGAN, J.
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O.P.No. 11358 of 1999-B
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24th November, 2009
J U D G M E N T