JUDGMENT

The petitioner is stated to be an Educational Trust and they have approached this Court seeking a direction that Ext.P8 suo motu proceedings initiated by the Taluk Land Board, Mavelikkara (TLB) be directed to be disposed of within a time frame, adverting to Ext.P10 objections preferred by them. The petitioner says that they are willing to even surrender any land which is legally found liable from their side, but that the infinite delay in disposing Ext.P8 is causing them irreparable prejudice, because their functioning as an Educational Institution is now being impeded.

2. In response to the afore submissions of Sri.Alex.M.Scaria – learned counsel for the petitioner, the learned Senior Government Pleader – Smt.K.Amminikutty, submitted that the sole reason why Ext.P8 has not been yet disposed of is because, pending the same, the petitioner themselves preferred Ext.P9 application before the Government seeking exemption under Section 81(3) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as KLR Act for short). She submitted that the Government has now constituted a committee for considering the said request and that once it is so constituted, necessary action on Ext.P9 will be completed, which will thereupon enable the Taluk Land Board to take an appropriate decision on Ext.P8.

3. In Reply Sri.Alex.M.Scaria – learned Counsel for the petitioner, conceded that his client has preferred Ext.P9, but submitted that the pendency of the same need not stand in the way of Ext.P8 proceedings being disposed of, because that he undertakes – on behalf of his client, that if at all any extent is found liable to be surrendered by them, they will do so in terms of law.

4. Even when I hear Sri.Alex.M.Scaria as afore, the fact remains that since his client themselves have approached the Government for exemption under Section 81(3) of the KLR Act, I am certain that the said application will have to be disposed of one way or the other, before the Taluk Land Board is directed to finalise Ext.P8 suo motu proceedings. This is because, otherwise, it lead to multiplicity of causes of action, which will create controversy in future.

5. Resultantly and in such perspective, I direct the Government to complete proceedings based on Ext.P9 and to issue an appropriate and resultant order thereon, after affording an opportunity of being heard to the petitioner, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment.

6. Once the petitioner receives the resultant order on Ext.P9 in terms of afore directions, they will be at liberty to produce the same before the TLB, Mavelikkara, consequent to which, the said Authority will dispose of Ext.P8 suo motu proceedings, after affording them an opportunity of being heard and after following due procedure, as expeditiously as is possible, but not later than four months thereafter.

7. At this time, Smt.K.Amminikutty –

learned Senior Government Pleader, submitted that since the TLB, Mavelikkara, is no longer functioning, it is Taluk Land Board, Karthikappally, who will have to take an appropriate decision. If this be so, then the afore directions will also apply to the said Authority.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE

SAS/15/11/2021

APPENDIX OF WP(C) 23535/2021 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 04/09/2002 ISSUED IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE LAND TAX RECEIPT DATED

13/12/2017 IN RESPECT OF THE LANDS HELD BY THE PETITIONER Exhibit P3 TRUE COPY OF THE NO OBJECTION CERTIFICATE DATED 27/10/2014 ISSUED BY THE GOVERNMENT OF KERALA FOR RUNNING B.SC NURSING SCHOOL Exhibit P4 TRUE COPY OF THE ORDER DATED 06/11/2014 BEARING NO.AC.B1/16790/2004 ISSUED BY THE UNIVERSITY OF KERALA GRANTING AFFILIATION TO THE NURSING SCHOOL OF THE PETITIONER Exhibit P5 TRUE COPY OF THE LETTER OF APPROVAL DATED

22/06/2009 ISSUED BY THE ALL INDIA COUNCIL FOR TECHNICAL EDUCATION Exhibi