K.V.Shaji vs State Of Kerala
2021 Latest Caselaw 9937 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

    WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943

                       WP(C).No.6433 OF 2021(D)


PETITIONER:

               K.V.SHAJI
               AGED 52 YEARS
               S/O. K. V. VELAYUDHAN, SAMATHA AMBALAKKANDY HOUSE,
               PULLIPPARAMBU P. O., CHELEMBRA, MALAPPURAM - 673 631.

               BY ADVS.
               SRI.PEEYUS A.KOTTAM
               SHRI. HRITHWIK D. NAMBOOTHIRI
               SHRI.JOMON J. MALIEKAL
               SMT.RAJI S.

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
               TRIVANDRUM - 695 001.

      2        KERALA STATE LAND BOARD
               REPRESENTED BY ITS SECRETARY, PUBLIC OFFICE BUILDING,
               MUSEUM JUNCTION, TRIVANDRUM - 595 033.

      3        THE DISTRICT COLLECTOR
               DISTRICT COLLECTORATE, CIVIL STATION P.O.,
               ERANJIPALAM, KOZHIKODE DISTRICT, PIN - 673 020.

      4        TALUK LAND BOARD
               REPRESENTED BY CHAIRMAN, THAMARASSERY AND DEPUTY
               COLLECTOR (L.A.), QUILANDY, KOZHIKODE, PIN - 673 574.

      5        ADDITIONAL TAHSILDAR
               THAMARASSERY TALUK OFFICE, THAMARASSERY P. O.,
               KOZHIKODE, PIN - 673 573.

      6        P. V. ANWAR
               S/O. LATE SHOUKATH ALI, PUTHENVEETTIL HOUSE,
               PERANGAMANA P.O., OTHAYI,
               MALAPPURAM DISTRICT, PIN - 676541.
 WP(C).No.6433 OF 2021(D)     2

             R6 BY ADVS. SRI T.K.SAIDALIKUTTY(KUTTIPPURAM)
                         SRI.LAL K.JOSEPH



             SRI K.V SOHAN STATE ATTORNEY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6433 OF 2021(D)                3




                                   JUDGMENT

The petitioner claims that he is a landless person. He contends that the

6th respondent and his family members are holding excess land exceeding

the ceiling area. On receipt of reports from the District Collector, Malappuram

and the District Collector, Kozhikode, the State Land Board has issued Ext.P1

proceedings on 19.12.2017 directing the 4th respondent to register a case

invoking Section 87 (1) of the Kerala Land Reforms Act, 1963. The grievance

of the petitioner is that the official respondents are taking a lackadaisical

attitude and is not initiating any action as the 6th respondent is an influential

person and a member of the legislative assembly. In the said circumstances,

he submitted Ext.P2 representation before the respondents. He contends

that in response, he was informed that necessary directions have been issued

to the 4th respondent to submit a report as regards the stage of the ceiling

proceedings. Being aggrieved by the delay in concluding the proceedings,

the petitioner is before this Court seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ, order or direction thereby command the 4th and 5th respondents to implement Ext.P1 order within a short span of time and take steps to get the excess land in the possession of 6th respondent in violation of Section 87 of Kerala Land Reforms Act, 1963 after complying the procedural requirements, at the earliest and within a time limit fixed by this Honourable Court.

2. I have heard Sri. Peeyus A. Kottam, the learned counsel

appearing for the petitioner and Sri. K.V. Sohan, the learned State

Attorney.

3. The learned State Attorney denied the accusations levelled

by the petitioner and it was submitted that the ceiling proceedings will

be taken to its logical conclusion in an expeditious manner.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of

directing the respondents 4 and 5 to expedite the proceedings and take

the matter to its logical conclusion expeditiously, at any rate, within an

outer time frame of six months from 25.3.2021.

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

the judgment before the concerned respondents to ensure compliance.

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE NS

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE PROCEEDINGS OF THE STATE LAND BOARD BEARING NO.LBB 10055/17 DATED 19.12.2017.

EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION DATED 25.06.2018 SUBMITTED BY THE PETITIONER TO MINISTER AND OTHER OFFICIAL RESPONDENTS.

EXHIBIT P3 TRUE COPY OF THE LETTER DATED 12.01.2021 ISSUED BY THE SECRETARY, LAND BOARD TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE REPORT SUBMITTED BY DISTRICT COLLECTOR TO ADDITIONAL CHIEF SECRETARY.

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE 6TH RESPONDENT BEFORE THE ELECTORAL OFFICER ALONG WITH HIS NOMINATION FOR CONTESTING TO STATE LEGISLATIVE ASSEMBLY FROM NILAMBOOR CONSTITUENCY DATED 25.4.2016

RESPONDENTS EXHIBITS:NIL

//TRUE COPY//

P.A TO JUDGE