Petitioners herein are the legal heirs of late Padmanabhan Nair, who was the declarant in TLB No.969/73/TLY before the Taluk Land Board, Thalassery. The declarant was ordered to surrender certain extent of land pursuant to the proceedings under the Taluk Land Board. The petitioners case is that the cashew estates are exempted from ceiling provisions by virtue of an amendment introduced to Section 81 of the Kerala Land Reforms Act. Therefore, according to the petitioners, the land ordered to be surrendered them are to be restored and they are not liable to surrender the land to the Government. The petitioners have approached this Court as threatened with the proceedings initiated to take possession of the land from the petitioners pursuant to the Taluk Land Board's Order. The petitioners have raised their grievance in Ext.P6 before the Taluk Land Board.
In view of the pendency of Ext.P6, there shall be a direction to the Taluk Land Board to consider the petitioners W.P.(C) No.30546 of 2012 2 claim based on the amendment to the Land Reforms Act. This shall be done within a period of four months from the date of receipt of a copy of this judgment. Till a decision is taken in the matter by the Taluk Land Board, all coercive steps pursuant to Ext.P7 shall be kept in abeyance. It is made clear that if the Taluk Land Board finds that the petitioners claim is unsustainable, the official respondents are free to proceed against the petitioners to implement Ext.P7 order.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln