IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 4TH FEBRUARY 2008 / 15TH MAGHA 1929 CRP.No. 96 of 2008() -------------------- TLB.2/1994/L5 of TALUK LAND BOARD, VADAKARA .................... REVN. PETITIONER: ASSESSEE -------------------------- MR.C.M.THOMAS, AGED 72 YEARS, S/O.C.P.MATHEW, CHUNGAPPURAKKAL HOUSE, (PO) KUNDUTHODE, (VIA) KAVILUMPARA, KOZHIKODE DISTRICT. BY ADV. SRI.C.VALSALAN SRI.GHOSH YOHANNAN SRI.K.RAKESH ROSHAN SMT.THUSHARA.V RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. CHAIRMAN, TALUK LAND BOARD, VADAKARA, CIVIL STATION, CALICUT. 3. THE TAHSILDAR, VADAKARA, MINI CIVIL STATION, VADAKARA, (PO) VADAKARA, KOZHIKODE DISTRICT. BY GOVT.PLEADER SMT.R.BINDU THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 04/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 96 OF 2008 --------------------- Dated this the 4thday of February, 2008 ORDER This civil revision petition is preferred against the order dated 20.11.07 of the Taluk Land Board, Vadakara. By the said order, the Taluk Land Board has directed the revision petitioner herein to surrender 118 acres of land. Initially, there was a proceeding whereby there was an order to surrender 33 acres of land. Subsequently, the Taluk Land Board by virtue of a document No. 2252 of 1965 found that the assessee has obtained 100 acres of land. 2. The case of the assessee is that his family is in possession of 10.35 acres of land, which is a rubber plantation and is below the ceiling limit and therefore there cannot be any order for surrender. It is also submitted that 100 acres of land alleged to have been transferred in the name of the assessee was a forest coming under the Madras Preservation of Private Forest Act. It is further submitted that there is a dispute whether it is a forest land or a private land on the date of coming into force of Act 1 of 1964. C.R.P. No.96/08 2 3. These are all matters which requires detailed consideration. Unfortunately, the Taluk Land Board has dealt with the matter in a very casual manner where the most invaluable right of a person on immovable property is in question. Therefore, I set aside the order of the Taluk Land Board with a direction to them to consider the matter afresh. The Taluk Land Board has to consider the objections raised by the assessee, get a report from the Special Deputy Tahsildar, find out who are all in possession of the property and if they are going to be affected issue notice to them before passing a final order. The Taluk Land Board shall also find out whether it was a vested private forest as on 1.1.1970 and whether that area can be taken into consideration for fixing the limit as on 1.1.1970 and thereafter hear all concerned and pass appropriate orders. The Taluk Land Board is directed to issue fresh notice to the declarant fixing the date of hearing for appearance and then try to dispose of the matter in accordance with law. M.N.KRISHNAN, JUDGE vps