IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1536 of 1997(H)
1. JAMEELA
... Petitioner
Vs
1. TALUK LAND BOARD,MANNARKKAD
... Respondent
For Petitioner :SRI.G.BALAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :07/12/2007
O R D E R
HARUN-UL-RASHID,J.
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C.R.P.NO. 1536 OF 1997
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Dated this the 7th day of December, 2007
O R D E R
This Civil Revision Petition is filed by the applicant before the
Taluk Land Board, Mannarkkad against the order dated 24.7.1997 by
which her claim petition filed under Section 85(8) of the Kerala Land
Reforms Act, 1963 (hereinafter referred to as “the Act”) was rejected.
2. The Taluk Land Board by order dated 29.3.1979 in Ceiling Case
No.S.M. 266 of 1979, while fixing the area of the land to be surrendered
by the 4th respondent, held that 9.92 acres of land in various survey
numbers of Alanallur-II village was liable to be surrendered as excess
land. The said order was confirmed by this Court in the revision petition
filed by the declarant. Subsequently claim petitions under Section 85(8) of
the Act were filed by some persons who were interested in the land and a
modified order was passed by the Taluk Land Board on 27.10.1990
whereby an extent of 2.31 acres were reduced from the excess land ordered
to be surrendered.
C.R.P. NO.1536/1997 2
3. The revision petitioner – claimant contends that she has right and
title over 7.56 acres of land in Survey No.78/1 of Karkidamkunnu,
Alanallur-II village, bona fide purchased for valuable consideration by
virtue of document No.600/86, that her predecessor-in-interest had
obtained purchase certificate of the Land Tribunal, Mannarkkad and
therefore, that property ought to have been exempted from the account of
the declarant. The Taluk Land Board considered the claim of the applicant
and passed a detailed order which is the subject matter of this revision
petition.
4. The Taluk Land Board observed that the revision petitioner is a
bona fide purchaser of the land included in the claim statement. But, the
Taluk Land Board failed to consider the claim petition on merits and
dismissed the same stating that the earlier order passed by the Taluk Land
Board merged with the order passed by this Court in the earlier Civil
Revision Petitions. The impugned order rejecting the claim petition for
the reason that the order of the Taluk Land Board merged with the order
passed by this Court is not an order validly passed. Claim petitions under
Section 85(8) of the Act were filed by persons interested in the land
claiming independent right in the property which according to them should
C.R.P. NO.1536/1997 3
not have been included in the account of the declarant. It is the duty of
the Taluk Land Board to consider such applications independently on
merits and pass orders thereon Learned counsel for the revision
petitioner also submits that the claimant is entitled to the protection under
Section 7E of the Act.
In the result, the order under revision is set aside. The case is
remanded to the Taluk Land Board, Mannarkkad for fresh consideration in
accordance with law. The question urged in the claim petition and the
question of claim under Section 7E of the Act shall be considered by the
Taluk Land Board and appropriate orders shall be passed within a period
of six months from the date of receipt of a copy of this judgment.
(HARUN-UL-RASHID, JUDGE)
sp/
C.R.P. NO.1536/1997 4
HAURN-UL-RASHID, J.
C.R.P. NO.1536/1997
O R D E R
7TH DECEMBER, 2007