IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 CRP.No. 577 of 1997(D) ---------------------- TLB.865/1973 of TALUK LAND BOARD, KASARGOD .................... REVN. PETITIONER: ----------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL RESPONDENTS: ----------------- 1. K.KUNHAMBU NAIR, S/o. MANIKKAM AMMA, MARATHUMKARA HOUSE, MUNNAD (DIED) LEGAL HEIRS 1. C.PARVATHY AMMA, WIDOW OF KUNHAMBU NAIR MARATHUMKARA HOUSE, MUNNAD P.O., BEDAKA VILLAGE. 2. NARAYANAN NAIR, S/o. KUNHAMBU NAIR, MARATHUMKARA HOUSE, MUNNAD P.O., BEDAKA VILLAGE. 3. JANAKI AMMA, D/o. KUNHAMBU NAIR -DO- 4. PADMINI AMMA, D/o. KUNHAMBU NAIR, -DO- 5. BALAKRISHNAN NAIR, S/o. KUNHAMBU NAIR, -DO- 6. LAKSHMI AMMA, D/o. KUMHAMBU NAIR, -DO- 7. BHASKARAN NAIR, S/o. -DO- CLAIMANTS 1. CHEVERI KUNHAMBU NAIR, S/o. KOOKAL KUNHAMBU NAIR R/AT KOLLARAMKODE, BEDADKA VILLAGE. C.R.P.No.577/1997 2 2. LAXMI AMMA, D/o. MANIKKAM AMMA, VAYALAM MUNNAD VILLAGE. 3. NARAYANI AMMA, D/o. MANIKKAM AMMA, VAYALAM MUNNAD VILLAGE. 4. KUNHAMBU NAIR, S/o. LAXMI AMMA, VAYALAM MUNNAD VILLAGE BY ADV. SMT.C.G.PREETHA SRI.SURESH KUMAR KODOTH THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J ====================== C.R.P.No.577 of 1997 =============-=========== Dated this the 11th day of January, 2008 ORDER This revision petition is filed by the State of Kerala challenging the legality of the order dated 26.10.1995 passed by the Taluk Land Board, Kasaragod in TLB No.865/73. The Taluk Land Board by order dated 29.10.1983, directed the first respondent/declarant to surrender an extent of 14.38 acres being surplus land. The declarant challenged the said order in C.R.P.No.3385/93 which was dismissed by this Court. Subsequently, the revision petitioners filed R.P.No.248/93 seeking review of the order of dismissal in the civil revision petition. This Court by order dated 2.3.1995 allowed the review petition setting aside the order dated 29.10.1983 passed by the Taluk Land Board and directed the Board to reconsider the matter in accordance with law afresh in the light of the authorised officer's report dated 15.3.1983. 2. The Taluk Land Board by impugned order dated 26.10.1995, redetermined the excess land to be surrendered by the declarant. The total land to be surrendered was reduced C.R.P.No.577/1997 2 from 14.38 acres to 9.63 acres. 3. The Taluk Land Board, on the basis of the authorised officer's report dated 15.3.1983, held that the declarant has got ownership and possession of only 3.58 acres in the R.S.No.628/1B1 and that other lands in the same Sy.No. Does not belong to him. The Taluk Land Board also had considered some other points and reduced small extents. 4. The learned Government Pleader submitted that the Taluk Land Board had found in Para 12 of the order that total extent of 5.07 acres in R.S.Nos.631-182,631-1B1 and 628-1A3 are properties involved in S.M.3753/80 and the properties are acquired by the declarant after 1.1.70. According to him, in respect of lands acquired by the declarant after 1.1.70, the Taluk Land Board is not justified in accounting the said properties and therefore, should have been dealt with in a separate proceedings. I have considered the contentions of the learned Government Pleader. The deletion of 4.75 acres of land under the present order is justified for the reason that the deletion was made consequent to the directions issued by this Court to C.R.P.No.577/1997 3 reconsider the case and also due to the further direction that the original authorised officers report also shall be considered. I find that after deletion made by the Taluk Land Board, on the basis of authorised officers report and other materials on record the order passed by the Taluk Land Board directing surrender of 9.63 acres is valid. In the result, I find no merit in the revision petition filed by the State. The civil revision petition is dismissed. There will be no order as to cost. HARUN-UL-RASHID, JUDGE dvs