The petitioners are sons of the deceased declarant against whom suo moto proceedings had been initiated as S.M.No.22 of 1977 on the files of the Taluk Land Board, Tirur. As per the impugned order under challenge, it was ordered to surrender 1.63 acres of land as excess land, as per Ext.P1 order. In this original petition, the 1st petitioner is the son of the deceased declarant, Moosakutti Haji and the 2nd petitioner is the son of late Kunhikadiyumma, daughter of Moosakutti Haji.
2. The case of the petitioners is that Varikkottil Sainaba, daughter of Kunheeduhaji has filed an application under Sec.85(8) of the Kerala Land Reforms Act (for short 'the Act') raising claim with respect to 23.25 cents of land in R.S.No.218/3 of Omachapuzha amsom, which is evidenced by Ext.P2. Similarly, Varikkottil Jameela and others have O.P.(C).No.3478 of 2011 2 filed another claim petition under Sec.85(8) of the Act raising claim over 1.50 acres in the same survey number, which is evidenced by Ext.P3. Both these claim petitions are pending consideration of the Taluk Land Board. The total extent of the property directed to be surrendered is only 1.63 acres. So, if these claim petitions are allowed, there will not be any liability to surrender land in the above ceiling case.
3. But, in the meantime, the Revenue Authorities went to the plot for taking possession of the properties as directed in Ext.P1 order. Claimants in Exts.P2 and P3 applications obstructed taking possession of the lands in their possession and hence the Revenue Authorities could not take possession of the land as directed in Ext.P1 order. But, now, pursuant to the order passed by the District Collector, the Tahsildar, Tirur has now directed the Village Officer to take possession of 1.63 acres of property over which claims have been raised. On the above premises, the petitioners sought for an order directing the respondents O.P.(C).No.3478 of 2011 3 not to take steps to implement Ext.P1 order till the disposal of Exts.P2 and P3 claim petitions.
4. The learned Special Govt. Pleader submits that the Taluk Land Board can be directed to dispose of Exts.P2 and P3 within a specified time. In view of the above submission, I find that the relief sought for in this original petition is reasonable and justifiable. The Taluk land Board is directed to take possession of 1.63 acres of property which is directed to be surrendered as per the order dated 31/03/2000 in S.M.No.22 of 1977 after the disposal of Exts.P2 and P3 claim petitions filed by Varikkottil Sainaba and Varikkottil Jameela respectively. Anyhow, the Taluk Land Board will dispose of the claim petitions within a period of three months from today.
Stu //True copy// P.A to Judge K.HARILAL, JUDGE.