IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP No. 280 of 2003()
1. ARAKKAL MANUAL
... Petitioner
2. ARAKKAL THOMAS
3. ARAKKAL CYRLAC.
Vs
1. THE TALUK LAND BOARD, HOSDURG,
... Respondent
2. TAHSILDAR, HOSDURG, KASARAGOD DISTRICT.
3. STATE OF KERALA, REPRESENTED BY ITS
4. DAKSHAYANI AMMA, W/O. O.T.K.NAMBIAR,
5. O.T.K.NAMBIAR, RESIDING AT CHANDRAPURAM,
For Petitioner :SRI.K.S.BABU
For Respondent :SMT PREETHY KARUNAKARAN
The Hon'ble MR. Justice K.PADMANABHAN NAIR
Dated :27/02/2008
O R D E R
K. PADMANABHAN NAIR ,J.
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R.P.No.280 of 2003
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Dated, this the 27th day of February, 2008
ORDER
The grievance of the petitioners is that while extracting the pleadings I have
made certain mistakes especially in the devolution of right. In my order I had
stated that –
“…………Their further case is that Mani Amma
sold the property to one Kunhirama Poduval in the
year 1987 and from him Sri Manual purchased 3 acres
Sri Thomas 2 acres and Cyriac 3 acres. It is also their
case that Karunakaran Nambiar and his wife
Dakshayani Amma have no right or possession over
that land and they are the absolute owners of land.
The Taluk Land Board accepted the case of Sri
Mammad and others in respect of 7 acres . ………….”
According to the petitioners that statement is not correct. It is submitted that Mani
Ammasold 3 acres to Kunhirama Poduval who in turn sold that property to first
petitioner. It is also stated that the statement that the entire property was sold by
Mani Amma to Kunhirama Poduval is not correct. There was no finding by this
Court regarding the devolution of right. What was stated above was only by
repeating the arguments made before the court. Taluk Land Board will have to
consider the claim put forward by each claimants on the basis of the pleadings and
evidence adduced before it. I make it clear that my observations regarding the
pleadings and averments cannot be considered as a finding.
RP No.280/2003 2
With the above observation, Review Petition is closed.
K. PADMANABHAN NAIR,
JUDGE.
cks
RP No.280/2003 3
K.PADMANABHAN NAIR, J.
R.P.No.280 of 2003
ORDER
27th February, 2008.