High Court Kerala High Court

Siva Prakash vs The State Of Kerala on 20 June, 2008

Kerala High Court
Siva Prakash vs The State Of Kerala on 20 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 553 of 2002(E)


1. SIVA PRAKASH, S/O.P.A.KUTTIKRISHNAN.
                      ...  Petitioner
2. PRABHUL RAJ, S/O. P.A.KUTTIKRISHNAN.
3. PRADEEP, S/O. P.A.KUTTIKRISHNAN.

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE TALUK LAND BOARD, PALAKKAD,

3. THE TAHSILDAR, PALAKKAD TALUK.

4. P.A.KUTTIKRISHNAN, S/O. APPU,

                For Petitioner  :SRI.V.CHITAMBARESH (SR.)

                For Respondent  :GOVT.PLEADER

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :20/06/2008

 O R D E R
                         HARUN-UL-RASHID, J.
                    --------------------------------------------
                          C.R.P. NO. 553 OF 2002
                    --------------------------------------------

                    Dated this the 20th day of June, 2008


                                   O R D E R

The revision petitioners are the sons of the declarant. The revision

is directed against the order of the Taluk Land Board, Palakkad dated

9.10.2001 in S.M. No.1539 of 1982. The Taluk Land Board, by an earlier

order dated 16.5.1995 directed the declarant to surrender 1.10 acres of land

being excess land. The revision petitioners filed C.R.P. No.1276 of 1998

challenging the said order. They contended before this Court that the

property comprised in Survey No.170/1A included in the ceiling

proceedings is lesser in extent. This Court by order dated 19.1.2001 held

that revision petitioners 1 and 2 were minors at the time of initiation of the

ceiling proceedings and hence they have got a right to be heard. This

Court, therefore, set aside the impugned order and directed the Taluk Land

Board to reconsider the matter afresh and pass appropriate orders in

accordance with law after affording an opportunity to revision petitioners

1 and 2 of being heard.

C.R.P. NO.553/2002 2

2. In the light of the above direction issued by this Court, the Taluk

Land Board deputed an authorised officer to enquire into the matter and to

submit a report. In this proceeding as well, the learned counsel appearing

for the revision petitioners repeated the same contentions. It is submitted

that the actual extent of property in Survey No. 170/1A is not 1.58 acres,

but only 1.30 acres and that the actual extent can only be ascertained by

measurement of the property in question. The revision petitioners had

made a request before the Taluk Land Board to measure the land held by

the family in Survey No.170/1A by deputing a Surveyor.

3. I have perused the copy of the report. The only request made by

the petitioners is to measure the property in question with the help of a

Surveyor to ascertain the exact extent. The said request was turned down

by the authorised officer. Instead of measuring the property as directed by

the Taluk Land Board and as requested by the claim petitioners, the

authorised officer passed orders as if he is the authority under the Kerala

Land Reforms Act, 1963 to determine the rights of parties. In the last

paragraph of the report dated 21.6.2001, the authorised officer has stated

that the claim of the petitioners is baseless, that the land held by the family

in the said Survey No. is 5.04 acres and not 1.58 acres, that the declarant

had neither denied this fact earlier nor questioned the entry in the draft

C.R.P. NO.553/2002 3

statement before the High Court and that the request of the petitioners to

measure the land in Survey No.170/1A cannot be considered as the Taluk

Land Board has no such business to measure the land. Stating so, the

authorised officer rejected the request of the claim petitioners.

4. The grievance of the revision petitioners is regarding the

property to be surrendered in Survey No.170/1A. The Taluk Land Board

accounted 1.58 acres as belonging to the assessee. The only question to be

examined is whether the property ordered to be surrendered is 1.58 acres

or 1.30 acres in extent. The exact extent can be ascertained only by

measuring the property. In such circumstances, when a request is made

for measuring the property, it cannot be rejected stating unsustainable

reasons. The Taluk Land Board also did not apply its mind to the report

submitted by the authorised officer who has no authority to make such

remarks as noted above. The authorised officer assumed the role of the

Taluk Land Board and decided the merit of the claim then and there.

5. Considering the facts and circumstances of the case, I am of the

view that the matter requires reconsideration. The order under revision is

set aside and the Taluk Land Board, Palakkad is directed to reconsider the

matter immediately and pass orders within a period of three months from

C.R.P. NO.553/2002 4

the date of receipt of a copy of this order. Before passing orders, the

Taluk Land Board shall depute a responsible officer to the site to measure

out the property and ascertain the exact extent of the property in question.

The Civil Revision Petition is disposed of as above with a cost of

Rs.2,000/- on respondents 1 to 3. .

(HARUN-UL-RASHID, JUDGE)

sp/

C.R.P. NO.553/2002 5

HAURN-UL-RASHID, J.

C.R.P. NO. 553/2002

O R D E R

20th June, 2008