IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 CRP.No. 415 of 2004() --------------------- SM.1/2001 of TALUK LAND BOARD, TIRUR .................... REVN. PETITIONER: -------------------------------------------------------- T.V.THANKAMMA D/O.NARAYANA MENON, SREE KRISHNA NILAYAM, PERUMANNA, P.O.VALAKKULAM, TIRUR-MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN RESPONDENTS: -------------- 1. CHAIRMAN, TALUK LAND BOARD (R.D.O.), TIRUR, MALAPPURAM DISTRICT. 2. THE TAHSILDAR, TIRUR. 3. T.V.VISWANATHAMENON, S/O. NARAYANA MENON, RAMALLOR ALASSERY HOUSE P.O.THENNALA, TIRUR-MALAPPURAM DISTRICT (2ND DECLARANT BEFORE THE LAND BOARD) BY GOVERNMENT PLEADER SRI.SHYSON P. MANGUZHA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 415 of 2004 ------------------------------------------- Dated this the 6th day of June 2008 ORDER The Taluk Land Board,Tirur Originally initiated ceiling proceedings against Sri. A. Narayana Menon, the father of the petitioner. Subsequently the proceedings were dropped for the reasons that his family did not possess properties in excess of the ceiling area. Subsequently the Taluk Land Board initiated separate proceedings against his legal heirs. While the proceedings initiated against Smt. Karthiyayani Amma(one of the legal heirs) were pending she died and therefore the proceedings were continued against her brother and sisters who are her legal heirs. The revision petitioner is one of the sisters of Smt.Karthiyayani Amma. . The revision petitioner filed objections to the draft statement issued by the Taluk Land Board. By the impugned order dated 29.12.2003 the Taluk Land Board directed the petitioner to surrender 62.20 Cents of land as excess land. All the objections of the revision petitioner were negatived by the Taluk Land Board stating that the said objections were not supported by documents. According to the revision petitioner the Taluk Land Board failed to consider the report submitted by the authorised officer in the correct perspective and illegally declined to accept the portions of the report which are in her favour . No good reasons are stated by the Taluk Land Board for not accepting the C.R.P 415 of 2004 -2- report of the authorised Officer in the light of her contentions which are supported by the above said report. The learned counsel for the revision petitioner contended before me each and every objections on merits. He also submitted that non- consideration of the objections on merits and the decision passed by the Taluk land Board are illegal and improper. Therefore he requested this Court to give him an opportunity to substantiate some of the objections for which he was unable to produce documents. In the attendant circumstances, I am of the view that an opportunity shall be given to the revision petitioner to substantiate her contentions. The Taluk Land Board is directed to pass orders considering each and every objections pointed out by the revision petitioner. In the result, this Civil Revision Petition is allowed and the case is remanded to the the Taluk Land Board for a fresh consideration. The Taluk Land Board shall give an opportunity to the revision petitioner to adduce further evidence if any. The revised order as mentioned above, shall be passed by the Taluk Land Board within a period of six months from the date of receipt of a copy of this order. There will be no order as to costs. HARUN-UL-RASHID, JUDGE es