IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 CRP.No. 745 of 2007() --------------------- AGAINST THE ORDER IN SMC.6/1989/SBy/L2 IN of Taluk Land Board, SULTHAN BATHERI .................... REVN. PETITIONER: ASSESSEE ----------------------------------------------- P.VIVEKANANDAN, PULIKKAL HOUSE, P.O.NARIKUZHI, CHATHAMANGALAM, KOZHIKODE DISTRICT. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENTS: ------------------------ 1. THE TALUK LAND BOARD, SULTHAN BATHERY. 2. THE TAHSILDAR, TALUK OFFICE, SULTHAN BATHERY. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER,SMT. K.T. LILLY FOR R3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON 30/11/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No.745 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30 th day of November, 2011 ORDER The above Revision petition is filed against the order of the Taluk Land Board, Sulthan Bathery in SMC-6/89/SBy/L2 dated 30.5.2007 as per which petitioner is directed to surrender 17.39 acres of land situated in Re.Sy.No.117/1A1A in Krishnagiri Village (old Purakkady village) in Sulthan Bathery Taluk. 2. The facts of the case are briefly as follows. The revision petitioner acquired land by way of purchase and suo motto proceedings was initiated against him under Section 87 of the Kerala Land Reforms Act, 1963 by the Special Deputy Tahsildar (LR), Kalpetta on 31.5.1989. In that S.M. proceedings, the Land Board found as per order dated 16.2.1995 that there was no excess land to be surrendered by him and drop ceiling case. C.R.P. No.745 of 2007 :2: 3. The State of Kerala filed C.R.P. No. 1893 of 1996 before this Court challenging the above order. This Court on 23.1.2006 set aside the impugned order and directed the Taluk Land Board to consider the matter afresh, after affording sufficient opportunity to the petitioner to substantiate his case. 4. After remand, the Taluk Land Board, Sulthan Bathery passed the order under challenge by which the petitioner is directed to surrender 17.39 acres of land situated in Re.sy.No.11/1A1A in Krishanagiri Village. Against that order the assessee filed this C.R.P. 5. Heard learned counsel for the revision petitioner and learned Government Pleader. 6. Learned counsel for the revision petitioner submitted that before the Taluk Land Board, the counsel for the revision petitioner requested to call for the records pertaining to land ceiling case No.TLB(SW)1915/1973 dated 12.2.1980 to show that the land purchased by the revision petitioner in Purakkady village was exempted from earlier Taluk Land Board of C.C. Estates. But the C.R.P. No.745 of 2007 :3: Taluk Land Board did not allow that request and passed the impugned order without considering that matter. The learned counsel for revision petitioner further submitted that all the earlier files are within the reach of the Taluk Land Board and on the basis of the request made by the revision petitioner, if they were perused by the Land Board, it would not have held that there is no evidence for exempting the above stated extent of plantation land under the purview of the Kerala Land Reforms Act. Learned counsel for the revision petitioner submitted that since the Land Board had given exemption to the the assignor of the revision petitioner, there is no reason for not giving and extending the same benefit to the revision petitioner also. The learned Government Pleader supported the order under challenge. 7. A perusal of the order shows that the assessee filed statement to the effect that the assessee acquired an extent of 24.45 acres of land in Sulthan Bathery Taluk of Wynaad District. The assessee had stated that 12 acres in Re.sy.No.117/1A1A of Purakkady village was owned by K.P.Padmavathy, w/o. K.P. C.R.P. No.745 of 2007 :4: Chandran (known as C.C.Estates) and later the assessee purchased it by virtue of document No.3850/81 and 3953/81 of SRO, Sulthan Bathery. 3.05 acres of Coffee plantation and 3.95 acres of S.C.wet land in the same sy.no. is stated to be owned by Smt. K.P. Padmavathy who in turn gifted to her daughter Reethu and the assessee purchased it by virtue of doc. No.3853/81 and 3950/81 of SRO, Sulthan Bathery. Both the above 12 acres and 3.05 acres are stated to be pucca coffee plantation exempted as coffee plantation in the ceiling case of K.P. Padmavathy (TLB (SW) 1911/73 to 1915/73) for which the assessee obtained fresh Coffee Registration Certificate No.498/82. It is further stated that these areas are stated to be falling under forest definition before conversion in to Coffee plantation and in both ways it is coming under exempted category before 1.4.04. 8. At the time of the argument the learned counsel for the petitioner produced a copy of the order of the Taluk Land Board, Wynad dt.12.2.1980 in TLB (SW)1915/73. Therefore it is clear that the file relating to that case is available with the Taluk Land C.R.P. No.745 of 2007 :5: Board. For adjudication of the dispute involved in this case, I am of the view that this case has to be remanded back to the Taluk Land Board, Sulthan Bathery to look into the file and the order mentioned above and to dispose of the case in accordance with law. 9. Accordingly this C.R.P. is allowed. The order under challenge is set aside and the matter is remanded back to the Taluk Land Board, Sulthan Bathery/competent Authority for fresh disposal in accordance with law after considering the order in TLB (SW) 1915/73 dated 12.2.1980 of Taluk Land Board, Wynad. There is no order as to costs. M. L. JOSEPH FRANCIS, (JUDGE) dl/