IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1576 of 2000(D)
1. THE BRAEMORE ESTATE LTD.
... Petitioner
Vs
1. TALUK LAND BOARD
... Respondent
For Petitioner :SRI.G.UNNIKRISHNON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/10/2009
O R D E R
P.Q.BARKATH ALI, J.
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C.R.P.No.1576 OF 2000
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Dated this the 29th day of October, 2009
ORDER
This Civil Revision Petition is filed by the petitioner challenging
the order No.K2-50/73 dated 15-2-2000 of the Taluk Land Board,
Nedumangad under Section 85(5) of Kerala Land Reforms Act
directing him to surrender 107.38 Acres of unregistered land held by
him holding that it is in excess of the ceiling limit prescribed under the
KLR Act as on 01/01/1970.
2. The revision petitioner is the Braemore Estates Ltd., Pattom
Palace, Thiruvananthapuram. A ceiling case under Section 85(5) of the
Kerala Land Reforms Act was initiated against the petitioner alleging
that petitioner was in possession of 871.43 Acres and directed him to
surrender 107.63 Acres being the land held by the petitioner in excess
of the ceiling limit. The petitioner appeared before the Taluk Land
Board and filed his objections. The Taluk Land Board by order dated
31-06-1976 directed the petitioner to surrender 107.63 Acres. On
revision before this court, the said order was set aside by this court by
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judgment dated 16-11-1978 in C.R.P.No.3738/1976 directing the Taluk
Land Board to consider the matter afresh. Again the Taluk Land Board
passed an order on 14-11-1979 to surrender the same extent . That was
also reversed by this court by judgment in C.R.P.No.1606/1993 dated
26/11/1981. The Taluk Land Board passed a revised order on
29-04-1982 exempting the said being plantation prior to 01/04/1964
and holding that there is no excess land to be surrendered . The
petitioner filed C.R.P.No.1927/1992 and State filed
C.R.P.No.1606/1993 challenging the said order. This court by a
common judgment disposed of those CRPs by judgment dated
24-06-1988 by which the order of the Taluk Land Board was reversed
and remitted the case for reconsideration . The Taluk Land Board by
the impugned order dated 15-02-2000 directed the petitioner to
surrender 107.38 Acres of unregistered land comprised in Sy. Nos.
4011, 4012 and 4013 of Peringamala village.
3. The respondent/state has filed a statement to the effect that
the land directed to be surrendered by Taluk Land Board is reserve
forest .
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In the light of the statement filed by the District Collector,
Thriuvananthapuram on behalf of the State, the impugned order of the
Taluk Land Board is set aside. The matter is remanded to the Taluk
Land Board to consider the matter afresh . The petitioner as well as the
respondents can raise all their contentions before the Taluk Land
Board. The Taluk Land Board is also directed to consider whether the
land directed to be surrendered is a reserve forest or not. This being an
old matter, the Taluk Land Board is directed to dispose of the case
within ten month’s from the date of receipt of a copy of this order
untrammelled by the observations made in the earlier orders of this
court and the orders of the Taluk Land Board.
P.Q.BARKATH ALI
JUDGE
sv.
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