IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE THURSDAY, THE 28TH JUNE 2007 / 7TH ASHADHA 1929 CRP.No. 801 of 1998(F) ---------------------- AGAINST THE ORDER DATED 23/04/1998 IN IA.22/98 IN CC.518/1973 of TALUK LAND BOARD, MANNARGHAT .................... REVN. PETITIONER: ------------------ M.S.SASIDHARAN, VII – 1497 SAHYADRI COLONY, CHANDRANAGAR PALAKKAD. BY ADV. SRI.B.SURESH KUMAR SMT.K.GIRIJA SMT.K.A.MAYA RESPONDENTS: ------------- 1. TALUK LAND BAORD, MANNARKKAD. 2. STATE OF KERALA REP. BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. GOVT.PLEADER SRI. JHAMES JOHN AMBOOKAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/06/2007, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMP NO.2040/1998 IN CMP NO. 1670/1998 DISMISSED 28.6.2007 SD/- PIUS C.KURIAKOSE, JUDGE /TRUE COPY/ P.A. TO JUDGE PIUS C. KURIAKOSE, J. ---------------------------------- C.R.P.NO. 801 OF 1998 ---------------------------------- Dated this the 28th day of June , 2007 O r d e r The order of the Taluk Land Board, rejecting the claim petition filed under Section 85 (8) of KLR Act by the petitioner is under challenge in this Civil Revision Petition under Section 103 of the C.P.C. 2. Heard Smt.K.Girija, the learned counsel for the petitioner and the learned Government Pleader. My attention was drawn by Smt.Girija to the Land Reforms (Amendment) Act 2005 (Act 21 of 2006) and particularly to the newly inserted section 7E. Smt.Girija submitted that during the pendency of the CRP, the petitioner has sold the property covered by his claim petition to another person. Since the implication of Section 7E introduced in the statute by Act 21 of 2006 were obviously not considered by the Taluk Land Board while impugned orders were passed, I set aside the CRP No. 801/1998 2 impugned order and direct the Taluk Land Board to take a fresh decision after issuing notice to the affected persons. It is open to the petitioner to produce a copy of the assignment deed executed by him before the Taluk Land Board so as to enable the Taluk Land Board to issue notice to the assignee also. PIUS C.KURIAKOSE, Judge dpk CRP No. 801/1998 3 PIUS C.KURIAKOSE, J ------------------------------- -- C.R.P. NO.801 OF 1998 O R DE R 28TH JUNE 2007 CRP No. 801/1998 4 PIUS C. KURIAKOSE, JUDGE.