Panakal Thundathil Mathew vs The Taluk Land Board
2021 Latest Caselaw 16974 Ker

WP(C) NO. 16594 OF 2021        1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                    WP(C) NO. 16594 OF 2021
PETITIONER/S:

          PANAKAL THUNDATHIL MATHEW,
          S/O. MATHAI, PANAKAL THUNDATHIL HOUSE, VALILLAPUZHA,
          KEEZHUPARAMBA VILLAGE, ERNAD TALUK,
          MALAPPURAM DISTRICT.

          BY ADV P.M.POULOSE



RESPONDENT/S:

    1     THE TALUK LAND BOARD,
          ERNAD TALUK, ERNAD P.O., MALAPPURAM DISTRICT-676505,
          REPRESENTED BY ITS CHAIRMAN.

    2     THE DISTRICT COLLECTOR,
          OFFICE OF THE DISTRICT COLLECTOR, UP HILL P.O.,
          MALAPPURAM-676505.

    3     THE THAHSILDAR,
          ERNAD TALUK, ERNAD P.O., MALAPPURAM DISTRICT-676505.

    4     THE VILLAGE OFFICER,
          KEEZHUPARAMBA VILLAGE, KEEZHUPARAMBA P.O.,
          MALAPPURAM DISTRICT-673639.

          SRI SAYED M THANGAL, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16594 OF 2021               2

                                    JUDGMENT

The petitioner states that he has preferred Exhibits-P4 and P5

applications, which are pending before the 1st respondent. Exhibit-P4 is an

application seeking to delete the lands covered under Exhibits-P1 to P3 deeds

from the ceiling case and Exhibit-P5 is an application seeking to exempt property

having an extent of about 3.5 Acres in R.S.No.186/1B2 and 2 Acres in R.S.

No.272 both in Kizhuparamba Village on the premise that they are Cashew

Estates and exempted under Section 81 of the Land Reforms Act. The petitioner

states that though Ext.P4 was filed in the year 2008 and Ext.P5 was filed in the

year 2014, no orders have been passed to date. It is in the afore circumstances

that this writ petition is filed seeking for issuance of directions to the 1st

respondent to consider and dispose of Exhibits-P4 and P5 applications within a

time frame.

2. I have heard Sri. P.M.Poulose, the learned counsel appearing for the

petitioner and the learned Government Pleader.

3. Having regard to the facts and circumstances and the submissions

made across the bar, this writ petition is disposed of directing the 1st respondent

to take up Exhibits-P4 and P5 applications submitted by the petitioner, if the

same has not been disposed of to date, and take a decision, as per procedure

and in strict adherence to the provisions of law, with notice to the petitioner and

affected parties, if any, expeditiously, in any event, within a period of three

months from the date of production of a copy of this judgment.

4. The petitioner shall produce a copy of the writ petition along with

this judgment before the 1st respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE DSV

APPENDIX OF WP(C) 16594/2021

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE DOCUMENT NO.331/79 OF SRO, AREEKODE EXECUTED IN FAVOUR OF KOKKODAN HABEEB REHMAN.

Exhibit P2 TRUE COPY OF THE DOCUMENT NO.1174/74 OF SRO, AREEKODE EXECUTED IN FAVOUR OF ONE CHATHU.

Exhibit P3 TRUE COPY OF THE DOCUMENT NO.1343/1975 OF SRO, AREEKODE EXECUTED IN FAVOUR OF NOOR- UL-ISLAM COMMITTEE VALILLAPUZHA.

Exhibit P4 TRUE COPY OF THE PETITION DATED 21/04/2008 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT TALUK LAND BOARD.

Exhibit P5 TRUE COPY OF THE APPLICATION DATED 20/08/2014 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 01/09/2014 IN WPC NO.14816/2008.

RESPONDENT(S) EXHIBITS : NIL