IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1235 of 2005()
1. STATE OF KERALA.
... Petitioner
Vs
1. C.H. ABDUL KHADER HAJI,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.K.RAJEEVAN
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :29/05/2008
O R D E R
HARUN-UL-RASHID, J.
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C.R.P. NO. 1235 OF 2005
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Dated this the 29th day of May, 2008
ORDER
The State of Kerala is the revision petitioner. The revision is
directed against the order of the Taluk Land Board dated 18.11.2003. The
matter relates to the reopening of the ceiling case against one C.H.
Abdulkhader Haji under Section 85(9A) of the Kerala Land Reforms Act,
1963 (hereinafter referred to as the “Act”).
2. The ceiling case was reopened in order to verify whether an
extent of 45.95 acres in various survey numbers of different villages of
Hosdurg Taluk deleted earlier from the account of the statement giver on
the ground that those lands were in the possession of tenants is valid and
proper. The said extent of land was excluded from the account of the said
C.H. Abdulkhader Haji by the Taluk Land Board finding that those
properties were in the possession of cultivating tenants. After passing the
order under Section 85(9A) of the Act, the Taluk Land Board deputed
officers to enquire and report regarding the matter. As per report dated
C.R.P.NO.1235/2005 2
28.1.2002, the authorised officer reported that the entire extent of 45.95
acres is covered by tenancies on the basis of valid purchase certificates
issued by the Land Tribunal. The authorised officer also reported that the
transactions were genuine and that there was no fraud or collusion between
the landlords and the cultivating tenants in obtaining the purchase
certificates. He also recommended to drop further action against the
declarant. The Taluk Land Board accepted the report and also found that
there was no evidence to contradict the report of the authorised officer.
The Taluk Land Board thus accepted the recommendation of the
authorised officer which was based on enquiry and passed the impugned
order dropping further action in the case.
3. The learned Government Pleader contended that the impugned
order is a non speaking order. According to him, the order dropping
further action was passed without considering the matter elaborately. He
further submitted that the Taluk Land Board failed to verify the revenue
records or any other records before taking a decision and also failed to
note that there was fraud and collusion in obtaining the certificates of
purchase.
4. I have gone through the impugned order and I find that there is
C.R.P.NO.1235/2005 3
no basis for making such submissions. The authorised officer submitted
the report after due enquiry and after perusing the revenue records. The
fact finding authority entered the finding that there was no materials to
show that there was fraud and collusion between the landlords and the
cultivating tenants. Without any available materials to find that there was
fraud and collusion in obtaining the purchase certificates, the purchase
certificates evidence the right and claim of tenancy. Therefore, there is
nothing wrong in dropping further action in the matter based on the
available records.
Hence, there is no merit in the Civil Revision Petition and it is
accordingly dismissed. There will be no order as to costs.
(HARUN-UL-RASHID, JUDGE)
sp/
C.R.P.NO.1235/2005 4
HAURN-UL-RASHID, J.
C.R.P. NO.1235/2005
O R D E R
29th MAY, 2008