IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 CRP.No. 3444 of 2001(E) ----------------------- CR.91/1973 of TALUK LAND BOARD, PONNANI .................... REVN. PETITIONERS/DECLARANTS: ------------------ 1.P.K. KUTTEEBI, W/O.(LATE) K. IBRAHIMKUTTY, 2/2575, PARAMAL ROAD, MALAPARAMBA, KOZHIKODE - 9. 2.HARIS IBRAHIM,S/O. (LATE) K. IBRAHIMKUTT, -DO- -DO- 3.MRS. P.K. ZUHERA, W/O. NAZIR, PALACE HILL, CHIRAYANKEEZH, TRIVANDRUM. 4.MRS. SOUDHA NOORUDDIN, W/O. DR. NOORUDDIN, VENKATARAMANA ROAD, K.S. PURAM, COIMBATORE. BY ADV. SMT.SUMATHY DANDAPANI (SR.) RESPONDENTS/RESPONDENTS: ------------- 1.THE TALUK LAND BOARD, PONNANI. 2.THE SPECIAL TAHSILDAR, (S.L.A.M.), ERNAD. 3.STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA FOR R1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P. NO.7243 OF 2001 IN C.R.P. NO. 3444 IF 2001. DISMISSED 5.6.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 3444 OF 2001 -------------------------------------------- Dated this the 5th day of June, 2008 O R D E R The revision petitioners are the legal heirs of late Ibrahimkutty who is the declarant in the ceiling case initiated against him by the Taluk Land Board, Ponnani. During the pendency of the proceedings, the declarant died. The Taluk Land Board by order dated 25.9.1990 directed the declarant to surrender an extent of 8.84 acres as excess land. The legal heirs of the declarant filed C.R.P. No.441 of 1991 before this Court and this Court by order dated 28.3.2000 remanded the case for considering three specific points. After remand, the matter was again taken up by the Taluk Land Board. The first point regarding exemption of land in R.S. Nos.112/7and 112/9 of Ponnani Nagaram Village was rejected by the Taluk Land Board stating that the claim was not specific and that no fresh claim was preferred after the remand order. The second point regarding accounting of 2/7th share of properties in Purathur Village was also considered by the Taluk Land Board and held that it is not clear what exactly is the point raised by the legal heirs of the deceased declarant. C.R.P. NO.3444/2001 2 While considering the third point regarding exemption of land in R.S. No.169/3 of Perakamanna Village, the Taluk Land Board held that family of the declarant is entitled to an exemption of 2.35 cents. Thus only 2.35 cents of property alone is deducted from the account of the declarant. 2. Learned senior counsel appearing for the revision petitioners contended that the Taluk Land Board did not consider the contentions of the revision petitioners as directed by this Court and entered wrong conclusions based on no evidence. According to the learned counsel, no opportunity was given to the revision petitioners to prefer a fresh claim nor was the claim already filed properly considered. This Court had specifically directed the Taluk Land Board to consider the matter afresh. According to the learned senior counsel, the order passed by the Taluk Land Board without giving any reasons is not in accordance with the directions issued by this Court. Counsel also submitted that decision was taken by the Taluk Land Board even without perusing the reports submitted by the authorised officer. 3. In the facts and circumstances of the case, I am of the view that the matter requires fresh consideration. The Taluk Land Board shall C.R.P. NO.3444/2001 3 consider each and every material on the file and give an opportunity to the revision petitioners to plead and prove their contentions and, if necessary, to file fresh objections. The Taluk Land Board shall pass fresh orders within a period of six months from the date of receipt of a copy of this order. Till a decision is taken in the matter, all further proceedings in the ceiling case against the declarant shall be kept in abeyance. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.3444/2001 4 HAURN-UL-RASHID, J. C.R.P. NO. 3444/2001 O R D E R 5TH JUNE, 2008 C.R.P. NO.3444/2001 5