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MOIDU, S/O. CHENNADAN ALANKODE versus THE TALUK LAND BOARD

High Court of Kerala

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MOIDU, S/O. CHENNADAN ALANKODE v. THE TALUK LAND BOARD - WP(C) No. 16238 of 2006(F) [2007] RD-KL 15532 (13 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 16238 of 2006(F)

1. MOIDU, S/O. CHENNADAN ALANKODE
... Petitioner

Vs

1. THE TALUK LAND BOARD,
... Respondent

2. THE TAHASILDAR,

3. THE VILLAGE OFFICER,

For Petitioner :SRI.K.K.MOHAMED RAVUF

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :13/08/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 16238 OF 2006 G

Dated this the 13th August, 2007.



JUDGMENT

This writ petition is filed directing the Taluk Land Board to dispose of Exts.P1 to P3 applications. Ext.P1 is an application filed under Section 85(8) of the Kerala Land Reforms Act,1963 wherein the petitioner claims right over the property. Ext.P2 is the petition to condone delay in filing the 85(8) petition and Ext.P3 is an application for stay regarding dispossession of the petitioner. In an earlier round of litigation this court has directed the Taluk Land Board to consider the very same applications and dispose it of in accordance with law. The writ petitioner has come to this court with the apprehension that there is a threat of forceful dispossession and if it materialises would destroy the entire right of the petitioner. This court has granted an interim stay of dispossession as prayed for. Now what is sought to be achieved is only to direct the Board to dispose of the applications filed under Section 85(8). I feel, in the interest of justice and especially in the light of the previous order passed by this court it is only proper to direct the Taluk Land Board to consider Exts.P1 and P2 applications in accordance with law and dispose it of on merits after hearing all WPC 16238/06 2 concerned. It is also made clear that till a final decision is taken on Exts.P1 and P2 the petitioner shall not be dispossessed and the Taluk Land Board is directed not to take possession of the property. If the writ petitioner apprehends any committing of waste he is given liberty to approach the Taluk Land Board for an interim order to that effect. The Taluk Land Board is further directed to dispose of the matter within a period of three months from today. Parties are directed to appear before the Taluk Land Board on 7.9.2008. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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