IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 CRP.No. 1235 of 2005() ---------------------- NO..TLB/365/1973 of TALUK LAND BOARD, HOSDRUG .................... REVN. PETITIONER: APPLICANT: ---------------------------- STATE OF KERALA. BY GOVERNMENT PLEADERSRI. THOMAS JOHN AMBUKEN RESPONDENTS: RESPONDENT: ------------------------ C.H. ABDUL KHADER HAJI, S/O. SRI. BOCHI HAJI, NILESWAR.(EXPIRED) LEGAL HEIR SUBSTITUT: SMT. BEE PATHUMMA, W/O. LATE ABDUL KHADER HAJI, BENGALM KAKKAT MADIKAL VILLAGE, HOSDURG TALUK, KASARGOD LEGAL HEIR OF DECEASED RESPONDENTSUBSTITUTED AS ADDITIONAL R2 VIDE ORDER DATED 14.6.2006 IN I.A.NO.1316/2006 BY ADV. SRI.K.RAJEEVAN FOR R1 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 1235 OF 2005 -------------------------------------------- Dated this the 29th day of May, 2008 ORDER The State of Kerala is the revision petitioner. The revision is directed against the order of the Taluk Land Board dated 18.11.2003. The matter relates to the reopening of the ceiling case against one C.H. Abdulkhader Haji under Section 85(9A) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the "Act"). 2. The ceiling case was reopened in order to verify whether an extent of 45.95 acres in various survey numbers of different villages of Hosdurg Taluk deleted earlier from the account of the statement giver on the ground that those lands were in the possession of tenants is valid and proper. The said extent of land was excluded from the account of the said C.H. Abdulkhader Haji by the Taluk Land Board finding that those properties were in the possession of cultivating tenants. After passing the order under Section 85(9A) of the Act, the Taluk Land Board deputed officers to enquire and report regarding the matter. As per report dated C.R.P.NO.1235/2005 2 28.1.2002, the authorised officer reported that the entire extent of 45.95 acres is covered by tenancies on the basis of valid purchase certificates issued by the Land Tribunal. The authorised officer also reported that the transactions were genuine and that there was no fraud or collusion between the landlords and the cultivating tenants in obtaining the purchase certificates. He also recommended to drop further action against the declarant. The Taluk Land Board accepted the report and also found that there was no evidence to contradict the report of the authorised officer. The Taluk Land Board thus accepted the recommendation of the authorised officer which was based on enquiry and passed the impugned order dropping further action in the case. 3. The learned Government Pleader contended that the impugned order is a non speaking order. According to him, the order dropping further action was passed without considering the matter elaborately. He further submitted that the Taluk Land Board failed to verify the revenue records or any other records before taking a decision and also failed to note that there was fraud and collusion in obtaining the certificates of purchase. 4. I have gone through the impugned order and I find that there is C.R.P.NO.1235/2005 3 no basis for making such submissions. The authorised officer submitted the report after due enquiry and after perusing the revenue records. The fact finding authority entered the finding that there was no materials to show that there was fraud and collusion between the landlords and the cultivating tenants. Without any available materials to find that there was fraud and collusion in obtaining the purchase certificates, the purchase certificates evidence the right and claim of tenancy. Therefore, there is nothing wrong in dropping further action in the matter based on the available records. Hence, there is no merit in the Civil Revision Petition and it is accordingly dismissed. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.1235/2005 4 HAURN-UL-RASHID, J. C.R.P. NO.1235/2005 O R D E R 29th MAY, 2008