Kerala High Court
Meenakshy vs State Of Kerala Represented By The on 29 February, 1972
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.SIRI JAGAN
FRIDAY, THE 16TH DAY OF MARCH 2012/26TH PHALGUNA 1933
WP(C).No. 13434 of 2007 (Y)
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PETITIONER:
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MEENAKSHY, W/O.LATE MAYANDIL AYYANVEETTU
CHELLA PATTANCHERRY VILLAGE,CHITTUR TALUK, PALAKKAD.
BY ADV. SRI.C.RAGHAVAN
RESPONDENTS:
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1. STATE OF KERALA REPRESENTED BY THE
CHIEF SECRETARY, SECRETRIAT, THIRUVANANTHAPURAM.
2. THE CHAIRMAN, TALUK LAND BOARD,
CHITTUR, PALAKKAD DISTRICT.
3. THE THASILDAR, CHITTUR TALUK,
PALAKKAD DISTRICT.
4. THE VILLAGE OFFICER,
PATTANCHERRY VILLAGE, CHITTUR TALUK,
PALAKKAD DISTRICT.
5. M.BHARGAVI AMMA, D/O.LATE KALUKUTTY AMMA,
MADAMBATTU AMBATTU PALAYAM, CHITTUR TALUK,
PALAKKAD DISTRICT.
R1 TO R4 BY ADV. GOVERNMENT PLEADER, SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DST
WP(C).No. 13434 of 2007 (Y)
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APPENDIX
PETITIONERS' EXHIBITS :-
EXT.P1 COPY OF THE ORDER IN O.A. NO. 235/1972 DATED 29.2.1972 OF THE
COURT OF THE BLOCK DEVELOPMENT OFFICER-CUM-LAN TRIBUNAL,
CHITTUR AT NATTUKAL.
EXT.P2 COPY OF PURCHASE CERTIFICATE DATED 29.2.1972 ISSUED BY BLOCK
DEVELOPMENT OFFICER-CUM-LAN TRIBUNAL, CHITTUR
EXT.P3 COPY OF APPLICATION SUBMITED BY THE PETITIONER BEFORE THE
TALUK LAND BOARD, CHITTUR DATED 20.8.2006
RESPONDENTS' EXHIBITS : NIL
// TRUE COPY//
P.A. TO JUDGE
DST
S. SIRI JAGAN, J.
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WP(C) NO. 13434 OF 2007
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Dated this the 16th day of March, 2012
J U D G M E N T
The petitioner's husband was a cultivating tenant under the 5th respondent. Pursuant to Ext.P1 order, under Section 72F(5) of the Kerala Land Reforms Act, Ext.P2 Certificate of Purchase was issued to him in respect of the property cultivated by him. But the said land was included in the properties to be surrendered by the 5th respondent who was the declarant in Ceiling Case No:1238/1973 before the Taluk Land Board, Chittur. On the basis of the orders in that Ceiling Case, petitioner and her family are sought to be evicted from the property in question. In the above circumstances, petitioner has filed Ext.P3 application under Section 85(5) of the Kerala Land Reforms Act. Petitioner has filed this writ petition seeking direction to the Taluk Land Board to consider and pass orders on Ext.P3 expeditiously. Although notice was taken out to the 5th WP(C) NO. 13434 OF 2007 ..2..
respondent, it was returned. The counsel appearing for the petitioner is also no more.
2. In so far as the direction to dispose Ext.P3 will not adversely affect anybody, I am inclined to dispose of this writ petition even without waiting for service of notice on the 5th respondent. Accordingly, the writ petition is disposed of with a direction to the Taluk Land Board, Chittoor, to consider and pass orders on Ext.P3 after affording an opportunity of being heard to the petitioner as well as the 5th respondent as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Till the disposal of Ext.P3, the petitioner shall not be evicted from the property in question.
Sd/-
S. SIRI JAGAN,
JUDGE
bka/- //True copy//
PA to Judge