IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 CRP.No. 553 of 2002(E) ---------------------- ORDER DATED 9.10.2001 IN SM.1539/1982 of TALUK LAND BOARD, PALAKKAD .................... REVN. PETITIONERS: ------------------ 1. SIVA PRAKASH, S/O.P.A.KUTTIKRISHNAN. 2. PRABHUL RAJ, S/O. P.A.KUTTIKRISHNAN. 3. PRADEEP, S/O. P.A.KUTTIKRISHNAN. ALL ARE RESIDING AT SIVA NIVAS, PAPPADI, AKATHETHARA VILLAGE, PALAKKAD DISTRICT. BY ADVS. SRI.V.CHITAMBARESH (SR.) SRI.SHAMIER MARICKAR RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD, PALAKKAD, REPRESENTED BY ITS CHAIRMAN. 3. THE TAHSILDAR, PALAKKAD TALUK. 4. P.A.KUTTIKRISHNAN, S/O. APPU, RESIDING AT SIVA NIVAS, PAPPADI, AKATHETHARA VILLAGE, PALAKKAD DISTRICT. BY GOVT.PLEADER SRI. P.A. SALIM FOR RESPONDENTS 1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P. NO.1380 OF 2002 IN C.R.P. NO.553 OF 2002. DISMISSED 20.6.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 553 OF 2002 -------------------------------------------- Dated this the 20th day of June, 2008 O R D E R The revision petitioners are the sons of the declarant. The revision is directed against the order of the Taluk Land Board, Palakkad dated 9.10.2001 in S.M. No.1539 of 1982. The Taluk Land Board, by an earlier order dated 16.5.1995 directed the declarant to surrender 1.10 acres of land being excess land. The revision petitioners filed C.R.P. No.1276 of 1998 challenging the said order. They contended before this Court that the property comprised in Survey No.170/1A included in the ceiling proceedings is lesser in extent. This Court by order dated 19.1.2001 held that revision petitioners 1 and 2 were minors at the time of initiation of the ceiling proceedings and hence they have got a right to be heard. This Court, therefore, set aside the impugned order and directed the Taluk Land Board to reconsider the matter afresh and pass appropriate orders in accordance with law after affording an opportunity to revision petitioners 1 and 2 of being heard. C.R.P. NO.553/2002 2 2. In the light of the above direction issued by this Court, the Taluk Land Board deputed an authorised officer to enquire into the matter and to submit a report. In this proceeding as well, the learned counsel appearing for the revision petitioners repeated the same contentions. It is submitted that the actual extent of property in Survey No. 170/1A is not 1.58 acres, but only 1.30 acres and that the actual extent can only be ascertained by measurement of the property in question. The revision petitioners had made a request before the Taluk Land Board to measure the land held by the family in Survey No.170/1A by deputing a Surveyor. 3. I have perused the copy of the report. The only request made by the petitioners is to measure the property in question with the help of a Surveyor to ascertain the exact extent. The said request was turned down by the authorised officer. Instead of measuring the property as directed by the Taluk Land Board and as requested by the claim petitioners, the authorised officer passed orders as if he is the authority under the Kerala Land Reforms Act, 1963 to determine the rights of parties. In the last paragraph of the report dated 21.6.2001, the authorised officer has stated that the claim of the petitioners is baseless, that the land held by the family in the said Survey No. is 5.04 acres and not 1.58 acres, that the declarant had neither denied this fact earlier nor questioned the entry in the draft C.R.P. NO.553/2002 3 statement before the High Court and that the request of the petitioners to measure the land in Survey No.170/1A cannot be considered as the Taluk Land Board has no such business to measure the land. Stating so, the authorised officer rejected the request of the claim petitioners. 4. The grievance of the revision petitioners is regarding the property to be surrendered in Survey No.170/1A. The Taluk Land Board accounted 1.58 acres as belonging to the assessee. The only question to be examined is whether the property ordered to be surrendered is 1.58 acres or 1.30 acres in extent. The exact extent can be ascertained only by measuring the property. In such circumstances, when a request is made for measuring the property, it cannot be rejected stating unsustainable reasons. The Taluk Land Board also did not apply its mind to the report submitted by the authorised officer who has no authority to make such remarks as noted above. The authorised officer assumed the role of the Taluk Land Board and decided the merit of the claim then and there. 5. Considering the facts and circumstances of the case, I am of the view that the matter requires reconsideration. The order under revision is set aside and the Taluk Land Board, Palakkad is directed to reconsider the matter immediately and pass orders within a period of three months from C.R.P. NO.553/2002 4 the date of receipt of a copy of this order. Before passing orders, the Taluk Land Board shall depute a responsible officer to the site to measure out the property and ascertain the exact extent of the property in question. The Civil Revision Petition is disposed of as above with a cost of Rs.2,000/- on respondents 1 to 3. . (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.553/2002 5 HAURN-UL-RASHID, J. C.R.P. NO. 553/2002 O R D E R 20th June, 2008