Aspinwall And Company Ltd vs Kerala State Land Board
2023 Latest Caselaw 3933 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                         WP(C) NO. 8749 OF 2023
PETITIONER:

          ASPINWALL AND COMPANY LTD
          AGED 34 YEARS
          (PREVIOUSLY PULLANGODE RUBBER AND PRODUCE COMPANY LTD)
          PULLANGODE ESTATE, KALIKAVU, MALAPPURAM DISTRICT
          REPRESENTED BY SECRETARY, NEERAJ.R VARMA S/O K.RAVINDRA
          VARMA, ATHIRA, MANGALALAYAM PALACE, THRIPUNITHURA,
          ERNAKULAM, PIN - 682030

          BY ADVS.
          V.M.KRISHNAKUMAR
          MAYA M.


RESPONDENTS:

    1     KERALA STATE LAND BOARD
          REPRESENTED BY SECRETARY PUBLIC OFFICE BUILDING,
          THIRUVANANTHAPURAM -, PIN - 695001

    2     TALUK LAND BOARD
          NILAMBUR REPRESENTED BY CHAIRMAN, OFFICE OF LAND BOARD,
          CIVIL STATION, MALAPPURAM, PIN - 676505


OTHER PRESENT:

          SMT SHEEJA CS SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P (C) No.8749/2023                        -2-

                                    JUDGMENT

The petitioner has approached this court being aggrieved by the fact that final

orders have not been issued in SR 2/1997 on the file of the Taluk Land Board,

Nilumbur as directed in Ext.P4 judgment of this court.

2. The learned Senior Government Pleader on instructions would submit

that the file in question has been forwarded to the newly formed Malabar Zonal

Land Board and that Board will consider the matter in accordance with law and

take a decision as directed in Ext.P4 judgment within a time limit to be fixed by this

court.

3. Having heard the learned counsel appearing for the petitioner and the

learned Senior Government Pleader appearing for respondents, this writ petition

will stand disposed of directing the Malabar Zonal Land Board to which the

proceedings in SR 2/1997 on the file of the Taluk Land Board, Nilumbur has been

forwarded to consider and pass orders thereon as directed in Ext.P4 judgment

within period of 6 months from the date of receipt of a certified copy of this

judgment.

Writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF WP(C) 8749/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FINAL ORDER OF TALUK LAND BOARD, ERANAD IN CR.NO.181/73/C7 DATED 26.06.1986

Exhibit P2 TRUE COPY OF RELEVANT PAGE OF BASIC TAX REGISTER OF KALIKAVU VILLAGE DATED 03.01.2023

Exhibit P3 TRUE COPY OF THE FINAL ORDER OF THE TALUK LAND BOARD NILAMBUR, SR.2/97 DATED 17.02.2000

Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C).NO.20028/2004 DATED 18.02.2016

Exhibit P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE STATE LAND BOARD ON 14.02.2023