High CourtsSingle Bench(2009) 04 KL CK 0050

K.C. Joseph vs The State of Kerala, The District Collector, The Village Officer and The Special Tahsildar (L.R)

High Court Of Kerala · Decided on 6 April 2009

HON’BLE JUDGES
Harun-Ul-Rashid, J
CASE NUMBER
WP (C) No. 37095 of 2007 (N)

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Judgment

6 paragraphs · 330 words

Harun-Ul-Rashid, J.—The petitioner claims right and title over an extent of 3 acres of land in R.S. 275/1A of Trippangottur Village. By order dated 21.10.1994 in TLB 106/TLY the Taluk Land Board Thalassery directed the declarants to surrender an extent of 1117.25 acres of land including the land held by the petitioner. The petitioner and some other claimants filed writ petitions before this Court . This Court granted interim stay in those writ petitions Some claimants filed Civil Revision petitions. Most of the Civil Revision Petitions are dismissed by this Court Aggrieved by the dismissal of the C.R.Ps the State and other claimants filed S.L.Ps before the Apex Court. The Supreme Court was pleased to grant leave. While the S.L.Ps are pending before the Supreme Court the Kerala Land Reforms Act, 1963 was amended inserting new Sections i.e 7E, 84(4) and 106 B etc.

2.

In this context it is pertinent to quote 106 (B) (2) of the K.L.R. Act which reads as follows;

(2) on receipt of an application under Sub-section (1) the Land Tribunal shall within a period of six months from the date of application, pass orders thereon after verifying the records as it may deem fit and where the application is allowed, issued a certificate of title in such manner as may be prescribed

3.

Counsel for the petitioner seeks a direction to the 4th respondent for an early disposal of Ext.P3 application pending before the Special Tahsildar (LR) Koothuparamba by virtue of the amended provisions namely 7E and 106(B).

4.

In the above circumstances a direction is issued to the 4th respondent namely Special Tahsildar (LR) Koothuparamba, Kannur, to consider and dispose of Ext.P3 application submitted by the petitioner u/s 106B(2) of the Kerala Land Reforms Act and pass appropriate orders in accordance with law . Since the statutory period is six months the order shall be passed within the said period after issuing notice to the applicant (Petitioner)

This writ petition is disposed of.