IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 2708 of 2001(C)
1. K.G.MOHANDAS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.T.C.MOHANDAS
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :25/03/2008
O R D E R
K.T. SANKARAN, J.
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C.R.P. Nos. 2708 OF 2001 & 283 OF 2002
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Dated this the 25th March, 2008
O R D E R
These revisions are filed challenging the order dated 26.07.2001 passed by
the Taluk Land Board, Palakkad in L.B.No.629 of 1973. By the order impugned, the
Taluk Land Board held that the declarant ,viz., P.M. Narayanan Namboodiripad holds
excess land and that he is liable to surrender an extent of 7.38 acres of land.
2. The petitioners were not parties before the Taluk Land Board. It is stated that
they filed Claim Petitions before the Taluk Land Board on 09.10.2001 and 22.01.2002.
It is stated that the Claim Petitions are not disposed of by the Taluk Land Board. When
attempts were made to take possession of the lands claimed by the petitioners, the
Civil Revision Petitions were filed challenging the order dated 26.07.2001.
3. The petitioner in C.R.P.No. 2708 of 2001, viz., K.G. Mohandas claims title
and possession in respect of an extent of 1.62 acres, consisting of 31 cents in
R.S.No.203/2 and 1.31 acres in R.S.No. 205 of Puduppariyaram-I Village (Nochipully).
Copies of the claim petitions are made available to me by the counsel for the petitioner.
In the Claim Petition filed by Mohandas, it is stated that his family got verupattom right
over the property claimed by him under the jenmi ‘Poovullimana’. It is also stated that
in the family partition effected as per document No.309/1966, S.R.O., Palakkad, these
properties were allotted to the petitioner, Mohandas.
4. In the Claim Petition filed by Beepathumma and others/petitioners in
C.R.P.No. 283 of 2002, title is claimed in respect of 3.92 acres in Sy.No. 49/3 of
C.R.P. Nos. 2708 OF 2001 & 283 OF 2002
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Mundur-I Village . It is stated in the application that the said property belongs to the
applicants’ family as per partition deed No.3854 of 2000 of S.R.O., Parali. It is also
stated that the property was outstanding on lease in favour of Pakkar Rowther, the
predecessor-in-interest of the petitioners under the auction purchaser Nayathil
Narayanan Namboodiripad. The further statement in the Claim Petition is that the
property is not involved in the ceiling case, but due to mistaken identity in the survey
records of Sy.No.49/3 , the property is attempted to be taken possession of.
5. A perusal of the order dated 26.07.2001 would indicate that an extent of 31
cents in R.S.No. 203/2 and 1.31 acres in Sy.No. 205 of Puduppariyaram-I Village is
included in the total extent of the declarant. An extent of 4.85 acres in 49/3A of
Mundur I Village is also included in the account of the declarant. In the excess land
to be surrendered, shown as Part-D appended to the order, an extent of 31 cents in
Sy. No.203/2 and 1.31 acres in Sy.No.205 of Puduppariyaram-I Village and an extent
of 2.55 acres in Sy. No.49./3A of Mundur-I Village is included.
6. In the objections filed by the declarant dated 12.12.1989, it is stated that out
of 4.85 acres in Sy.No. 49/3A, only an extent of 2 acres and 30 cents was in the
possession of the declarant as per the partition deed in the family of the declarant.
It is also stated that 31 cents of property in Sy.No. 203/2 of Nochipully amsom is in
the possession of Mohandas, S/o. Gopalan. As regards 1.31 acres in Sy.No.205 of
Nochipully is concerned, the case of the declarant is that the said extent is a forest
land. From the order passed by the Taluk Land Board, it is seen that the above
contentions put forward by the declarant were not properly dealt with.
7. According to the petitioners, the claim petitions filed by them are pending
before the Taluk Land Board. The records forwarded by the Taluk Land Board do not
C.R.P. Nos. 2708 OF 2001 & 283 OF 2002
3
contain the claim petitions. Probably, the Taluk Land Board keeps the Claim Petitions
separately. Since the Claim Petitions are filed subsequent to the final order passed by
the Taluk Land Board, it may not be quite proper for the petitioners to have challenged
the final order by filing Revisions. The Revisional Court would not be in a position to
find as to whether the contentions raised by the petitioners/claimants are correct or not.
Primarily their contentions are to be dealt with by the Taluk Land Board. If the Taluk
Land Board finds that the claim made by the petitioners is genuine, the final order
passed under Section 85(5)(c) of the Kerala Land Reforms Act shall be set aside.
That jurisdiction cannot be exercised by the Revisional Court invoking Section 103 of
the Kerala Land Reforms Act. At the same time, the grievance of the petitioners that
the claim petitions filed by them are not disposed of by the Taluk Land Board and that
their lands are being taken possession of, remains to be considered. True, the
petitioners could have filed Writ Petitions for a direction to the Taluk Land Board to
dispose of the Claim Petitions. Instead, they thought it fit to challenge the final order
passed by the Taluk Land Board in these Revision Petitions.
8. In the facts and circumstances of the case, I am of the view that the
jurisdiction under Article 227 can be exercised and proper directions can be issued to
the Taluk Land Board in these matters. Accordingly, the following directions are
issued to the Taluk Land Board:
i) The Taluk Land Board shall dispose of the Claim Petitions filed by
K.G.Mohandas, petitioner in C.R.P.No. 2708 of 2001, and Beepathumma and others,
petitioners in C.R.P.No. 283 of 2002, after affording an opportunity of being heard to
them.
ii) Till the Claim Petitions are disposed of by the Taluk Land Board, the
C.R.P. Nos. 2708 OF 2001 & 283 OF 2002
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extent of 31 cents in Sy.No.203/2 and 1.31 acres in Sy.No.205 of Puduppariyaram-I
Village (Nochipully) and the extent of 2.55 acres in Sy.No.49/3A of Mundur-I Village
(Oduvangad), which are shown in Part-D appended to the order dated 26.07.2001,
shall not be taken possession of by the Taluk Land Board.
The Civil Revision Petitions are disposed of as above. No order as to costs.
K.T. SANKARAN,
JUDGE.
lk
C.R.P. Nos. 2708 OF 2001 & 283 OF 2002
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K.T. SANKARAN, JJ.
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C.R.P. Nos.2708 OF 2001 & 283 OF 2002
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Dated this the 25th March, 2008
O R D E R