High Court of KeralaWP(C)/34059/2014disposed of

Chilambukadan Mohammad @ Kunhani v. The Taluk Land Board, Perinthalmanna

2015-01-12Honourable Mr.Justice P.R.Ramachandra Menon4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 12TH DAY OF JANUARY 2015/22ND POUSHA, 1936 WP(C).No. 34059 of 2014 (F) ---------------------------- PETITIONER(S):

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1. CHILAMBUKADAN MOHAMAD @ KUNHANI, S/O.KUNHAYAMUTTY, CHILAMBUKADAN HOUSE, ARAKUPARAMBA VILLAGE, ARAKUPARAMBA P.O, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT.

2. CHILAMBUKADAN ABOOBAKER,S/O.KUNHAYAMUTTY, CHILAMBUKADAN HOUSE,ARAKUPARAMBA VILLAGE, ARAKUPARAMBA P.O,PERINTHALMANNA TALUK, MALAPPURAM DISTRICT BY ADV. SRI.P.M.POULOSE RESPONDENT(S):

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1. THE TALUK LAND BOARD, PERINTHALMANNA, REP. BY ITS CHAIRMAN(SUB COLLECTOR, PERINTHALMANNA), PERINTHALMANNA P.O, MALAPPURAM DISTRICT -679 322

2. THE DISTRICT COLELCTOR, MALAP[PURAM DISTRICT, MALAPPURAM P.O -676 505

3. THE TAHSILDR,PERINTHALMANNA TALUK, PERINTHALMANNA P.O, PIN-679 322

4. THE VILLAGE OFFICER, ARAKUPARAMBA VILLAGE, ARAKUPARAMBA P.O., PEERINTHALMANNA TALUK -679 322 R1 TO R4 BY GOVERNMENT PLEADER SMT. ANITHA RAVINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34059 of 2014 (F) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF PARTITION DEED NO.4166/2004 OF THE SRO PERINTHALMANNA EXHIBIT P2 TRUE COPY OF APPLICATION DATED 04-11-2014 FILED BY THE PETITIONERS BEFORE THE TALUK LAND BOARD RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.R. RAMACHANDRA MENON, J.

--------------------------------------- W.P.(C) No.34059 of 2014 --------------------------------------- Dated this the 12th day of January, 2015

JUDGMENT

The petitioners have approached this Court with the following prayers:

"(i) issue a writ of mandamus or any other writ order or direction restraining the respondents from disposing the petitioners from their lands obtained by them vide Ext.P1 and assigning the same to landless pending disposal of Ext.P2.

(ii) Issue a writ of mandamus or any other writ order or direction directing the 1st respondent to consider and dispose of Ext.P2 with opportunity to the petitioners of being heard within such time frame as may be fixed by this Honourable Court.

(iii) Any other Writ or order of direction this Honourable Court deems fit in the circumstances of the case.

and (iv) To allow the W.P(C) with costs."

2. Heard the learned Government Pleader as well.

3. After hearing both the sides, the writ petition is disposed of, directing the 1st respondent to consider and pass appropriate orders on Ext.P2 preferred by the petitioners, after giving an opportunity of hearing to the petitioners and affected parties, if any, as expeditiously as possible, at the earliest, at any rate,

W.P.(C) No.34059 of 2014 within 'three months' from the date of receipt of a copy of this judgment.

Interim order of 'status quo' ordered by this Court on 17.12.2014 will continue till such time.

Petitioners shall produce a copy of this judgment, along with a copy of the writ petition, before the 1st respondent, for further steps.

P.R. RAMACHANDRA MENON, JUDGE sp