IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1846 of 2001()
1. STATE
... Petitioner
Vs
1. MOHAMMED
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.K.SURESH KUMAR
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :30/01/2008
O R D E R
M.N.KRISHNAN, J.
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C.R.P. NO. 1846 OF 2001
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Dated this the 30th day of January, 2008
ORDER
This revision petition is preferred against the order of the Taluk
Land Board, Nilambur in SMP 3/97. By the said order, the Taluk
Land Board excluded 3.20 acres of land in R.S. No.567/1B1 of
Vellayur Village from the declarants account in the ceiling case. As
per the grounds stated in the revision memorandum, documents are
not produced and that the Taluk Land Board went wrong in deleting
that extent from R.S. No.579/1B1.
2. I have perused the order of the Taluk Land Board. The
Taluk Land Board had considered the matter elaborately. It can be
seen that the land was purchased by the claimant from one
Meenakshy Amma. The said Meenakshy Amma had purchased the
land by a registered document of 1952. Further, it is evident that the
said property was set apart to the share of Meenakshy Amma, as per
the partition decree in OS 496/53. Meenakshy Amma had purchased
the land from Neelangadan Kunhimohammed, the declarant as per
document No.2456 of 1952. So the right title and interest of
C.R.P. No. 1846/01 2
Neelangadan Kunhimohammed was lost in the year 1952 and by
subsequent transfer the property came into the hands of the
applicant. Therefore as on 1.1.70 that land could not have been
taken into consideration for fixing the ceiling limit of Neelangadan
Kunhimohammed. Therefore the said finding of the Taluk Land
Board is totally justified. So far as deletion is concerned, when total
extent of 3.20 acres is to be excluded from the ceiling limit
necessarily the area to be surrendered has to be reduced to that
extent. For that purpose, the property to be surrendered from other
survey numbers necessarily has to be excluded. I do not find any
illegality or irregularity in the order passed by the Taluk land Board.
This civil revision petition lacks merit and it is accordingly
dismissed.
M.N.KRISHNAN, JUDGE
vps
C.R.P. No. 1846/01 3
M.N.KRISHNAN, J.
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CRP NO.1846/01
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ORDER
30TH DAY OF JANUARY, 2008
C.R.P. No. 1846/01 4