Court emphasizes proper authority in case transfers and mandates timely actions under judicial guidance.

JUDGMENT

The petitioner has approached this Court seeking a direction to the 2^nd respondent – the Taluk Land Board, Kunnathunadu Taluk, to act in terms of Ext.P2 judgment.

2. The learned counsel appearing for the additional 6^th respondent submits that the brother of the petitioner is a member of the 2^nd respondent and therefore, no direction may be issued to the 2^nd respondent to decide the matter, since it is not proper for the said authority to adjudicate the matter. Thereupon the petitioner would submit that he has preferred Ext.P5 application before the 2^nd respondent, seeking to transfer the proceedings in Ceiling Case No.L6 SR No.429/73/KND to Aluva Taluk Land Board, in view of the objection now made.

3. The learned Government Pleader submits that a decision regarding transferring of a case from one Taluk Board to another, cannot be taken by the 2^nd respondent, and that the State Land Board, the additional 7^th respondent herein, is the proper authority to do so.

4. Therefore, the above writ petition is disposed of with the following directions:

1. The 2^nd respondent shall transmit Ext.P5 to the additional 7^th respondent, within a period of one month from the date receipt of a copy of this judgment, who shall take a decision on the same, within a period of one month thereafter.

2. Subject to the decision to be taken by the additional 7^th respondent, the proceedings in Ceiling Case No.L6 SR No.429/73/KND shall be finalised by the concerned Taluk land Board, without any delay, at any rate, within an outer limit of six months from the date on which the case has been transferred by the additional 7^th respondent.

Sd/-

VIJU ABRAHAM JUDGE sm/