IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 CRP.No. 139 of 2005(B) ---------------------- SM.1582/1985 of TALUK LAND BOARD, PALAKKAD .................... REVN. PETITIONER/2ND PETITIONER IN S.M.NO.1582/85: ------------------ SULOCHANA, WIDOW OF SUKUMARAN, MUKRANGAD, KOTTEKKAD, PALAKKAD. BY ADV. SRI.P.R.VENKETESH RESPONDENTS/RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. TALUK LAND BOARD, PALAKKAD, REPRESENTED BY ITS CHAIRMAN. 3. TAHSILDAR, PALAKKAD. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN FOR R1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A. NO.401 OF 2005 IN C.R.P. NO.139 OF 2005. DISMISSED 23.5.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 139 OF 2005 -------------------------------------------- Dated this the 23rd day of May, 2008 ORDER One of the legal heirs of the declarant in S.M. No. 1582 of 1985 on the file of the Taluk Land Board, Palakkad is the revision petitioner. The revision is directed against the order dated 18.11.2004 in the S.M. case referred to above. In the course of the proceedings, the assessee died and thereafter notice was issued to the legal heirs including the revision petitioner. The revision petitioner filed objection inter alia questioning the classification of the land in the draft statement disowning right over several items of property included in the account of the assessee. According to her, if calculation of the entire extent is rightly made, the assessee is not liable to surrender any land as excess land. 2. The revision petitioner submitted that after several postings, ultimately, the Taluk Land Board took up the case on 18.11.2004 and passed orders. According to her, neither she nor her counsel nor the other legal heirs were given notice about the posting of the case on 18.11.2004 and consequently none of the affected parties were heard by the Taluk C.R.P. NO.139/2005 2 Land Board and the Board proceeded to pass the impugned order fixing the extent and identity of the land to be surrendered as 1.19 acres. The order is silent as to whether the legal heirs of the assessee or their counsel were heard. 3. In the facts and circumstances noted above, I am of the view that an opportunity should be given to the revision petitioner to substantiate her contentions in the S.M. proceedings. Accordingly, the Taluk Land Board shall rehear the matter and pass fresh orders after considering all the contentions raised by the revision petitioner. The impugned order is set aside and the matter is remanded to the Taluk Land Board for fresh consideration in accordance with law. The Taluk Land Board need only reopen and decide afresh those contentions raised by the revision petitioner. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.139/2005 3 HAURN-UL-RASHID, J. C.R.P. NO. 139/2005 O R D E R 23RD MAY, 2008