IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 550 of 2005()
1. SAVITHRIKUTTY AMMA, W/O. SOMASEKHARAN
... Petitioner
2. DEEPA @ MRINALINI, D/O. SOMASEKHARAN
Vs
1. THE TALUK LAND BOARD, PALAKKAD
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. P.M. NARAYANAN, S/O. P.M. NEELAKNTAN
For Petitioner :SRI.SAJAN VARGHEESE K.
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :01/08/2007
O R D E R
PIUS C. KURIAKOSE,J.
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C.R.P.No.550 of 2005
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Dated: 1st August, 2007
ORDER
A claimant under Section 85(8) of the Kerala Land Reforms Act
is aggrieved by the order passed by the Taluk Land Board negativing
the claim mainly on the reason that the documents relied on are all
subsequent to 1.1.1970. My attention was drawn by Mr.Sajan
Varghese, learned counsel for the revision petitioners to Act 21 of
2006 under which Section 7E was introduced into the Land Reforms
Act and corresponding amendments were made to Section 84.
Mr.Shyson P.Manguzha, learned Government Pleader would submit
that the Taluk Land Board has also observed that it is on the basis of
an invalid document (a gift deed written on white paper) that the
documents of title claimed by the petitioners were executed in their
favour. But I find that the decision of the Taluk Land Board turns not
on the above reason but on the reason that the documents are
executed after 1.1.1970. I therefore set aside the impugned order
and direct the Taluk Land Board, Palakkad to take a fresh decision.
The Taluk Land Board will take into account the implications of the
amending act, Act 21 of 2006 including the implication of newly
introduced Section 7E. The validity of the title also can be considered
C.R.P.No.550/05 – 2 –
by the Taluk Land Board. Fresh decision as directed above will be
taken by the Taluk Land Board after hearing the petitioners and
anybody else who may be affected by the order.
The C.R.P. is allowed to the above extent. No costs.
srd PIUS C.KURIAKOSE, JUDGE