Mathew Joseph vs Taluk Land Board
2021 Latest Caselaw 20947 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
    WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                       WP(C) NO. 20204 OF 2021
PETITIONERS:


    1     MATHEW JOSEPH
          AGED 61 YEARS
          S/O. JOSEPH, KARIKATTUKUZHIYIL NADAVAZHI POST, WAYANAD
          670 729

    2     KUNHABDULLA
          AGED 65 YEARS
          S/O. IBRAHIM HAJI, THANDORA HOUSE, KAYANNA P.O,
          CHEMBRA, PERAMBRA (VIA), CALICUT 673 526

    3     ASHARAF, S/O KUNHABDULLA
          AGED 44 YEARS
          THERUVATHU HOUSE, KAYANNA P.O, CHEMBRA, PERAMBRA (VIA),
          CALICUT 673 526

          BY ADVS.
          AVM.SALAHUDIN
          A.D.DIVYA


RESPONDENTS:


    1     TALUK LAND BOARD
          REPRESENTED BY ITS CHAIRMAN, OFFICE OF THE SUB
          COLLECTOR, MANANTHAVADI P.O, WAYANAD 670 645

    2     SUB COLLECTOR
          MANANTHAVADI P.O, WAYANAD 670 645

    3     TAHSILDAR,
          VYTHIRI TALUK, TALUK OFFICE, WAYANAD 673 576

    4     VILLAGE OFFICER
          MUTTIL NORTH VILLAGE OFFICE , P.O MUTTIL , PIN 673 122

    5     SECRETARY
          MUTTIL GRAMA PANCHAYAT, P.O MUTTIL, PIN 673 122
 WP(C) NO. 20204 OF 2021
                                   2

          SMT.JAYASREE.K.P.   SC




          SMT. SURYA BINOY- SR. G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20204 OF 2021
                                    3

                                JUDGMENT

The petitioners have approached this Court with a singular

plea that the 1st respondent - Taluk Land Board, be directed to

consider their objections in SMC No.1/17/V/G2, adverting to

Ext.P4 judgment, so as to grant them all benefits specified therein,

within a time frame to be fixed by this Court.

2. The afore submissions and request of

Sri.A.V.M.Salahuddeen - learned counsel for the petitioners, were

met by the learned Government Pleader - Smt.Surya Binoy,

saying that if the petitioners only require their afore objections to

be considered in terms of law by the 1st respondent, there does not

appear to be any legal impediment in doing so; but prayed that

this Court may not make any affirmative declarations in favour of

the petitioners and allow the said respondent to take a decision as

per law.

Taking note of the afore submissions, I allow this writ petition

and direct the 1st respondent to take up the objections of the

petitioners, if it is still pending, in SMC.No.1/17/V/G2, adverting WP(C) NO. 20204 OF 2021

specifically to the directions and observations in Ext.P4 judgment

and to grant all benefits to them, if they are so found eligible and

entitled - without any avoidable delay.

The afore exercise shall be completed by the 1 st respondent -

Taluk Land Board, as expeditiously as is possible, but not later

than six months from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE SAS/06/10/2021 WP(C) NO. 20204 OF 2021

APPENDIX OF WP(C) 20204/2021

PETITIONER'S EXHIBITS

Exhibit P1 THE TRUE COPY OF THE DOCUMENT NO. 1516/2011 DATED 06-04-2011

Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED 07-04-

2016 IN WPC NO. 9157/2016 OF THE HON'BLE HIGH COURT OF KERALA.

Exhibit P3 THE TRUE COPY OF INTERIM ORDER DATED 19-04-

2018 IN PROCEEDINGS NO. SMC-1/17/V/G2 PASSED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 01-03-2019 IN WPC NO. 5426/2019 OF THE HON'BLE HIGH COURT OF KERALA.