IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 CRP.No. 1576 of 2000(D) ---------------------------------- K2.50/1973 of TALUK LAND BOARD, NEDUMANGAD .................... REVN. PETITIONER/(DECLARANT): ------------------------------------------------ THE BRAEMORE ESTATES LTD., PATTOM PALACE P.O., THIRUVANANTHAPURAM. BY ADV. MR.G.UNNIKRISHNON MR.P.V.RAMESH SHANKAR MR.G.P.SHINOD RESPONDENT(S): ------------------------- 1. TALUK LAND BOARD, NEDUMANGAD. 2. TAHSILDAR, NEDUMANGAD. 3. THE GOVERNMENT OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM R1 TO R3 BY SR.GOVERNMENT PLEADER MR.M.R. SABU. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP.No. 1576 of 2000(D) ORDER ON CMP.NO.3198/2000 IN CRP. NO.1576/2000 DISMISSED 29/10/2009. SD/- P.Q.BARKATH ALI, JUDGE //TRUE COPY// P.S. TO JUDGE rs. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - C.R.P.No.1576 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009 ORDER This Civil Revision Petition is filed by the petitioner challenging the order No.K2-50/73 dated 15-2-2000 of the Taluk Land Board, Nedumangad under Section 85(5) of Kerala Land Reforms Act directing him to surrender 107.38 Acres of unregistered land held by him holding that it is in excess of the ceiling limit prescribed under the KLR Act as on 01/01/1970. 2. The revision petitioner is the Braemore Estates Ltd., Pattom Palace, Thiruvananthapuram. A ceiling case under Section 85(5) of the Kerala Land Reforms Act was initiated against the petitioner alleging that petitioner was in possession of 871.43 Acres and directed him to surrender 107.63 Acres being the land held by the petitioner in excess of the ceiling limit. The petitioner appeared before the Taluk Land Board and filed his objections. The Taluk Land Board by order dated 31-06-1976 directed the petitioner to surrender 107.63 Acres. On revision before this court, the said order was set aside by this court by CRP.No.1576/2000 Page numbers judgment dated 16-11-1978 in C.R.P.No.3738/1976 directing the Taluk Land Board to consider the matter afresh. Again the Taluk Land Board passed an order on 14-11-1979 to surrender the same extent . That was also reversed by this court by judgment in C.R.P.No.1606/1993 dated 26/11/1981. The Taluk Land Board passed a revised order on 29-04-1982 exempting the said being plantation prior to 01/04/1964 and holding that there is no excess land to be surrendered . The petitioner filed C.R.P.No.1927/1992 and State filed C.R.P.No.1606/1993 challenging the said order. This court by a common judgment disposed of those CRPs by judgment dated 24-06-1988 by which the order of the Taluk Land Board was reversed and remitted the case for reconsideration . The Taluk Land Board by the impugned order dated 15-02-2000 directed the petitioner to surrender 107.38 Acres of unregistered land comprised in Sy. Nos. 4011, 4012 and 4013 of Peringamala village. 3. The respondent/state has filed a statement to the effect that the land directed to be surrendered by Taluk Land Board is reserve forest . CRP.No.1576/2000 Page numbers In the light of the statement filed by the District Collector, Thriuvananthapuram on behalf of the State, the impugned order of the Taluk Land Board is set aside. The matter is remanded to the Taluk Land Board to consider the matter afresh . The petitioner as well as the respondents can raise all their contentions before the Taluk Land Board. The Taluk Land Board is also directed to consider whether the land directed to be surrendered is a reserve forest or not. This being an old matter, the Taluk Land Board is directed to dispose of the case within ten month's from the date of receipt of a copy of this order untrammelled by the observations made in the earlier orders of this court and the orders of the Taluk Land Board. P.Q.BARKATH ALI JUDGE sv. CRP.No.1576/2000 Page numbers