IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 CRP.No. 1050 of 2000(H) ----------------------- ( SM.4/1987 of TALUK LAND BOARD, PALAKKAD ) REVN. PETITIONERS: ---------------------------------- 1. R. KOMALAM, W/O. LATE GOPALAKRISHNAN, MANIYAMKODE, MANNUR P.O. PALAKKAD DISTRICT. 2. M.G. UNNIKRISHNAN, S/O. LATE M.K. GOPALAKRISHNAN, MANIYAMKODE, MANNUR P.O. PALAKKAD DISTRICT. 3. M.G. SIVADAS, S/O. LATE M.K. GOPALAKRISHNAN, MANIYAMKODE, MANNUR P.O. PALAKKAD DISTRICT. BY ADV. SRI.K.R.RAGHUNATH RESPONDENTS: ------------------------- 1. TALUK LAND BOARD, PALAKKAD. 2. TAHSILDAR, PALAKKAD. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER ADV. SHRI S. DILEEP. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P. NO. 1050 OF 2000 ORDER ON C.M.P. NOS. 2567 AND 2164 OF 2000 IN C.R.P. NO. 1050 OF 2000 DISMISSED. 15.02.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1050 OF 2000 ................................................................................... Dated this the 15th February, 2008 O R D E R The petitioners are the legal representatives of the assessee in S.M.No. 4 of 1987 on the file of the Taluk Land Board, Palakkad. Proceedings were initiated against the assessee under section 85(7) of the Kerala Land Reforms Act. The assessee expired on 14.02.1979 and proceedings were continued against the legal representatives. 2. As per the draft statement , the total extent included in the account of the assessee was 34.31 ¼ acres and he was directed to surrender an extent of 16.06 ¼ acres. Objections were filed by the assessee. It was contended that an extent of 13.63 ½ acres in Sy. No.102/1 of Mundur I Village had vested with the Government as forest and that the said land was in the possession of the Government. It was also contended that the legal heirs of the assessee are in possession of only an extent of 7.18 acres and the balance extent is in possession of the tenants. 3. The Taluk Land Board, on the basis of the report of the Authorised Officer held that 13.63 ½ acres in Sy.No.102/1 of Mundur I Village was declared as a vested forest. That much extent of land was deleted from the account of the assessee. The order passed by the Taluk Land Board would indicate that the Tahsildar, Palakkad had issued a certificate dated 21.04.1987 stating that the legal heirs of the assessee are in possession and enjoyment of 20.95 ¼ acres of land, including 7.32 ¼ acres in Mannur village and 13.63 acres in Mundur I village. The Taluk Land Board while discussing C.R.P. No. 1050 OF 2000 2 the contention put forward by the claimants (Respondents 5 to 13) has referred to the partition deed No.1010 of 1972 . No reference is made to the report of the Authorised Officer as to the genuineness or otherwise of the claims made by the claimants. The Taluk Land Board concluded that claimant Nos. 4 to 13 have not produced before the Taluk Land Board any evidence to prove that they were in possession of the land before 01.01.1970. On that ground, their claims were rejected. It is not clear as to whether a report of the Authorised Officer was obtained touching upon the claims made by the claimants. No reference is made in the order about such a report submitted by the Authorised Officer. At the same time, reference is made to the report of the Authorised Officer wherein he had reported that an extent of 13.63 ½ acres is a vested forest. The rejection of the claims made by the claimants was not made after discussing the contention put forward by them. A reading of the order passed by the Taluk Land Board would not disclose on what ground, the Taluk Land Board came to the conclusion that the claims put forward by the claimants are not genuine. The respective claims by the claimants, the nature of tenancy claimed by them, the documents produced or evidence adduced by them in support of their respective contentions etc. are not referred to or discussed in the order. The Taluk Land Board concluded that the legal heirs of the assessee are bound to surrender an extent of 2.43 ¼ acres of land. This finding was arrived at without a proper finding on the questions involved in the case. For the aforesaid reasons, the order passed by the Taluk Land Board that the legal heirs of the assessee are liable to surrender an extent of 2.43 ¼ acres is set aside. However, the finding of the Taluk Land Board that 13.63 ½ acres of land in Sy. No.102/1 of Mundur I village is a vested forest and therefore it is liable to be exempted C.R.P. No. 1050 OF 2000 3 from the account of the assessee is confirmed. The Taluk Land Board shall dispose of the case on the merits, after affording an opportunity of being heard to the legal heirs of the assessee as well as the claimants. No order as to costs. K.T. SANKARAN, JUDGE. lk C.R.P. No. 1050 OF 2000 4 K.T. SANKARAN, J. ........................................................ C.R.P. No.1050 of 2000 ......................................................... Dated this the 15th February, 2008 O R D E R