P.V. Kunchunni Nair, Parathikkatte Veetho vs Government of Kerala, The Taluk Land Board and The Tahsildar

Thomas P. Joseph, J.—Heard Learned Counsel for petitioner and Government Pleader who took notice for respondents. Issue regarding land to be surrendered as excess land stands concluded as per Ext.P1, order dated 23.03.2010 in C.R.P. No. 1094 of 2000. Learned Counsel states that Ext.P1, order is under challenge in the Supreme Court and that matter is likely to come up before the Supreme Court within two weeks. In the mean time without prejudice to the contentions petitioner has raised in the SLP he filed Ext.P2, application before Revenue Divisional Officer, Ottapalam (who, I am told is the Chairman of Taluk Land Board, Ottapalam) requesting to permit petitioner to exercise option u/s 85(2) of the Kerala Land Reforms Act. That petition was received by the Revenue Divisional Officer on 25.05.2010 at 2.25 p.m., as the endorsement on Ext.P2 shows. Petitioner states that no action has been taken on Ext.P2. But in the meantime respondents are trying to take possession of the excess land pursuant to Ext.P1. Petitioner seeks a direction to the respondents to keep in abeyance further proceeding pursuant to Ext.P1 for some time so that in the meantime Ext.P2, application can be disposed of or appropriate orders can be obtained from the Supreme Court. Having regard to the circumstances of the case which I have stated it is only just and proper that respondents are directed to keep in abeyance further proceedings pursuant to Ext.P1 for some time or till Supreme Court passes appropriate orders in the pending SLP whichever is earlier.

Writ Petition is disposed of directing respondents to keep in abeyance further proceedings pursuant to Ext.P1, order dated 23.03.2010 in C.R.P. No. 1094 of 2000 for a period of two weeks from this day or till the Supreme Court passes appropriate orders in the SLP filed by petitioner, whichever is earlier.