IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 15TH MARCH 2011 / 24TH PHALGUNA 1932 CRP.No. 43 of 2009() ------------------------------ CC. NO.1279/1977 OF THE TALUK LAND BOARD, ALATHUR. ....... REVN. PETITIONER(S): ---------------------------------- KUNHIMARAKKAR, S/O.LATE MAKKU RAWTHER, PATHUNILA HOUSE, PILAPPILLY PARUTHIPALLY BY ADV. SRI.P.R.VENKATESH RESPONDENT(S): ---------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. CHAIRMAN, TALUK LAND BOARD, ALATHUR, CIVIL STATION, PALAKKAD. 3. TAHSILDAR, ALATHUR. SR.GOVERNMENT PLEADER SRI.M.L.SAJEEVAN (LAND REFORMS) THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/03/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No. 43 of 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of March, 2011. ORDER In the proceedings in C.C.1279 of 1977 dated 13.11.2008 the petitioner was asked to surrender 43 cents as excess land. There were several rounds of litigation in which the matter was remanded to the Taluk Land Board for consideration on various matters. The last of them was in C.R.P.2469 of 1999, which was allowed and remanded for certain purposes by order dated 26.7.2006. The Taluk Land Board considered the claim in respect of 11 cents in Sy. No.173B/5A and 40 cents in Sy. No.191B/6. The Taluk Land Board was of the opinion that these matters were considered by the Taluk Land Board and excluded the land in question as per order in C.C.1279 of 1973. Accordingly, the excess land to be surrendered was determined as 43 cents. C.R.P.43/2009. 2 2. Learned counsel appearing for the petitioner pressed only one aspect for consideration of this court. 3. Ground B reads as follows: “The authorised officer had further reported that already 8 cents of land in survey No.40B/2 and 40/B5 had been taken over for forming a road to a Harijan colony and 3 cents of land each in 40B/2 133 and in 40/A/10 for a public well. Hence 14 cents of land had already been taken from the declarant's family for public service. Further it is reported that 32 cents of land had already been assigned in the year 1996 as per document No.1920/1996 to one Abdul Latheif and 24 ½ cents to the same Abdul Lathief as per document No.204/2005 in January, 2005. Besides 11 cents in 173B/5A is in the possession of strangers. This report dated 25.3.2008 was submitted by the Special Deputy Tahsildar the authorised officer but the Taluk Land Board had not considered this report in the proper perspective by passing the impugned order. Therefore, if this report had been taken into consideration properly no excess land would have been available to be surrendered.” C.R.P.43/2009. 3 4. Learned counsel pointed out that in the light of Section 7E of the Kerala Land Reforms Act, the assignments which are made mention of in the above ground ought to have been taken into consideration and failure to do so has resulted in irregularity and illegality. 5. Section 7E was introduced by Amendment Act 21 of 2006 with effect from 18.10.2006. That means it was after the remand order passed by this court. Therefore the court below could not have considered this aspect. In the light of the above provision, the contention raised by the learned counsel for the petitioner needs to be considered. Hence this revision is allowed, the matter is send back to the Taluk Land Board for fresh consideration in accordance with law and in the light of what has been stated above. P. BHAVADASAN, JUDGE sb.