High Court Kerala High Court

T.K.Balan vs Tlb on 14 January, 2010

Kerala High Court
T.K.Balan vs Tlb on 14 January, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 1540 of 1998(A)



1. T.K.BALAN
                      ...  Petitioner

                        Vs

1. TLB, MANNARKKAD
                       ...       Respondent

                For Petitioner  :SRI.P.N.KRISHNANKUTTY ACHAN(SR.)

                For Respondent  :SRI.S.V.BALAKRISHNA IYER (SR.)

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :14/01/2010

 O R D E R
                             P. BHAVADASAN, J.
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                          C.R.P. No. 1540 of 1998
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                Dated this the 14th day of January, 2010.

                                       ORDER

The order of the Taluk Land Board in I.A.33 of

1998 in C.C. 131 of 1973 is assailed in this proceedings. By

the said order a petition under Section 85(8) of the Kerala Land

Reforms Act by the petitioner was dismissed.

2. Ceiling proceedings were initiated against one

T.K. Kunjumalu Ammal and it was found that she was liable to

surrender an extent of 44.51 acres of land. That order of the

Taluk Land Board was assailed by several persons including

the petitioners before this Court. This Court allowed the

petition and remanded the matter to the Taluk Land Board for

fresh consideration. After remand, it is seen that the petitioner

laid a claim in respect of properties comprised in Sy. Nos.

55/1, 55/6, 55/0, 55/2, 55/9, 55/8 A and 55/8 B having an

extent of 7.81 acres, which he obtained as per Document

No.1275/1953. In the proceedings dated 19.11.1982 the Taluk

CRP.1540/1998. 2

Land Board upheld the contentions of the petitioner and held that

those items of properties did not belong to the declarant and were

liable to be excluded. According to learned counsel for the

petitioner, it was found that the landlord had clandestinely

included the above items of properties in his option statement to

the Taluk Land Board and the Taluk Land Board had initiated

proceedings to take possession of those lands. It was then that the

petition was filed by the petitioner.

3. The Taluk Land Board dismissed the petition

holding that it was belated and there was no petition to condone the

delay. The said order is assailed.

4. The order of the Taluk Land Board on the very face

of it is untenable both on facts and in law. It can be seen from the

facts of the case that the properties, over which the petitioner laid

claim was found to be not belonging to the original declarant and

that was directed to be excluded as per proceedings dated

19.11.1982. It is interesting to notice that the declarant had carried

CRP.1540/1998. 3

the matter in revision before this Court as C.R.P. 3662 of 1982.

There was no challenge to the finding of the Taluk Land Board as

regards the property over which the petitioner had laid claim.

Before this Court, the prayer of the revision petitioner, land owner,

was confined to seeking a re-option to surrender the land. It could

thus be seen that the order of the Land Tribunal, which exempted

the properties, which the petitioner claimed to be those belonging

to him has attained finality. Thereafter there was no question of

the declarant opting those lands for surrender. When the petitioner

came to know that the landlord had fraudulently included those

lands in his re-option, he approached the Land Board. One fails to

understand how the Land Board could have rejected his claim at

all. Strictly speaking, the question of application under Section 85

(8) does not arise for the simple reason that such a petition had

already been filed and that had been allowed in the earlier

proceedings dated 18.11.1982. That order was passed with the

declarant on the party array and after hearing him. After that, the

CRP.1540/1998. 4

inclusion of the land in the re-option statement by the landlord

subsequent to the order from this Court can only be treated as

fraudulent. Viewed from that angle, the finding of the Land Board

that the petition is not maintainable as barred by limitation since

there was no petition to condone the delay cannot be sustained.

5. It is also brought to the notice of this court that there

was a suit O.S.55 of 1989, instituted by the petitioner herein

against the declarant and others for declaration of title and

possession of the very same property involved in this proceedings,

since the declarant and others claimed independent right over the

same. In fact the defence in the suit by the declarant and others

was that they had perfected title over the suit property by adverse

possession and limitation. The suit was decreed in favour of the

plaintiff-petitioner herein. It is said that an appeal is pending and

the order has not become final. Any how, it is not necessary that

this court should wait for a finding in that appeal, that has nothing

to do with the present proceedings.

CRP.1540/1998. 5

Therefore, this revision is allowed, the impugned order

is set aside and it is held that the land which was exempted as

belonging to the petitioner in the order dated 18.11.1982 shall not

be taken possession of in pursuance of the re-option exercised by

the declarant. It is also made clear that the above findings are only

for the purpose of this proceeding and it may not affect the other

proceedings between the parties in the civil court.

P. BHAVADASAN,
JUDGE

sb.

CRP.1540/1998. 6

P. BHAVADASAN, J.

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C.R.P. No. 1540 of 1998

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ORDER

14.01.2010