Kerala Gooseberry Ayurveda ... vs The Chairman
2022 Latest Caselaw 5963 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        WP(C) NO. 8887 OF 2022
PETITIONERS:

    1       KERALA GOOSEBERRY HILLS AYURVEDA HEALTH RESORT PVT LTD
            T C 32/2107, WNRA-A-3,
            WINNERS NAGAR, VAZHAYILA, PEROORKADA,
            THIRUVANANTHAPURAM-695010,
            REPRESENTED BY ITS MANAGING DIRECTOR
            OLGA RICHARD RESIDING AT T C 4/2548.
            HILL GARNDEN, PATTOM, THIRUVANANTHAPURAM.

    2       OLGA RICHARD
            AGED 58 YEARS, D/O JACON HERDZIK,
            MANAGING DIRECTOR,
            KERALA GOOSEBERRY HILLS AYURVEDA HEALTH RESORT PVT LTD
            T C 32/2107, WNRA-A-3, WINNERS NAGAR,
            VAZHAYILA, PEROORKADA,
            THIRUVANANTHAPURAM-695010,

            BY ADVS.
            D.KISHORE
            MEERA GOPINATH
            R.MURALEEKRISHNAN (MALAKKARA), CGC


RESPONDENTS:

    1       THE CHAIRMAN,
            TALUK LAND BOARD-KATTAKKADA AND DEPUTY COLLECTOR (DM),
            OFFICE OF THE DISTRICT COLLECTOR,
            CIVIL STATION, KUDAPPANAKKUNNU,
            THIRUVANANTHAPURAM-695043.

    2       THE CHAIRMAN
            TALUK LAND BOARD-NEYYATTINKARA AND DEPUTY COLLECTOR
            (DM), OFFICE OF THE DISTRICT COLLECTOR,
            CIVIL STATION, KUDAPPANAKKUNNU,
            THIRUVANANTHAPURAM-695043

            SMT. SHEEJA C.S., SR.GOVT. PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 8887 OF 2022
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 8887 of 2022
              --------------------------------------------
                Dated this the 31st day of May, 2022

                            JUDGMENT

The grievance of the petitioners is that proceedings initiated

under the Kerala Land Reforms Act for calculating the excess land

held by the petitioner has not yet been completed even though a

hearing on the draft statement is already over on 17.03.2020. The

petitioner submits that since the order has not reached a

culmination, he is not in a position to enjoy the properties

peacefully. It is also submitted that pending the proceedings, steps

for resumption of lands have also been taken.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. In view of the fact that the hearing on the draft

statement is already over on 17.03.2020, it is only appropriate that

the proceedings are taken to its logical conclusion.

The writ petition is hence disposed of directing the 1 st

respondent to pass final orders on Ext.P2 application filed by the

petitioners under Section 85(8) & (9) of the Kerala Land Reforms WP(C) NO. 8887 OF 2022

Act, 1963 as directed by this Court on Ext.P6 judgment, at the

earliest, at any rate, within two months from the date of receipt of

a copy of this judgment. Coercive steps for resumption shall be

deferred till final orders are issued.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 8887 OF 2022

APPENDIX OF WP(C) 8887/2022

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF THE PROCEEDINGS NO.B5-

62455/12/TLB/NTA DATED 6.4.2013 OF THE 2ND RESPONDENT.

Exhibit P2 TRUE COPY OF THE PETITION DATED 25.08.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT UNDER SECTION 85 (8) AND (9) OF THE KLR ACT

Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 5.3.2015 IN WPC NO.6724/2015 OF THIS HONOURABLE COURT.

Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 27.03.2019 IN CONT.CASE(C) NO.1312/2015 IN WPC 6724/2015 OF THIS HONOURABLE COURT.

Exhibit P5 TRUE COPY OF THE PROCEEDINGS NO.H3-

62455/2012/TLB DATED 18.03.2019 PASSED BY THE 1ST RESPONDENT.

Exhibit P6 TRUE COPY OF THE ORDER DATED 5.7.2019 IN CRP (LR) 41/2019 OF THIS HONOURABLE COURT.

Exhibit P7 TRUE COPY OF THE NOTICE NO.H3-62455/12/TLB DATED 8.11.2019 OF THE 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF THE NOTICE DATED 16.12.2019 ISSUED BY THE 1ST RESPONDENT IN FORM NO.3 OF KLR (CEILING) RULES.

Exhibit P9 TRUE COPY OF THE DETAILED STATEMENT DATED 24.12.2019 SUBMITTED BY THE COUNSEL FOR THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P10 TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT DATED 17.01.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.