IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 OP.No. 10401 of 2000(L) ----------------------- PETITIONER: ------------ 1. K.G.PADMANABHAN KUTTY, S/O. LATE KOCHU GOVINDAN NAIR, KARIMALI HOUSE, POOPPATHY .P.O., POYYA, KODUNGALLUR TALUK, THRISSUR DISTRICT. 2. SMT.PADMAVATHY AMMA, D/O. LATE.KOCHU GOVINDAN NAIR, --DO--. 3. SMT.K.K.THANKAMMA, D/O. LATE.KOCHU GOVINDAN NAIR, --DO--. BY ADV. SRI.C.K.ABDUL REHIM RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY ITS SECRETARY TO THE REVENUE DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD, PERINTHALMANNA, MALAPPURAM DISTRICT. 3. THE TAHSILDAR, PERINTHALMANNA TALUK, PERINTHALMANNA, MALAPPURAM DISTRICT. 4. THE VILLAGE OFFICER, MANKADA VILLAGE, MANKADA, PERINTHALMANNA, MALAPPURAM DISTRICT. BY SMT.N.SUDHA DEVI, GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO. 10401/2000 ORDER ON CMP NO.17301/2000 IN O.P.NO. 10401/2000 DISMISSED. 12/03/2008 SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE SALE DEED NO.1303/1976 OF MAKKARAPARAMBA SUB REGISTRAR OFFICE. P2 : COPY OF THE SALE DEED NO.1301/1976 OF MAKKARAPARAMBA SUB REGISTRAR OFFICE. P3 : COPY OF THE SALE DEED NO.1302/1976 OF MAKKARAPARAMBA SUB REGISTRAR OFFICE. P4 : COPY OF THE SALE DEED NO.2852/1970 OF MAKKARAPARAMBA SUB REGISTRAR OFFICE. P5 : COPY OF THE JUDGMENT IN CRP NO.1300/83 DATED 29/05/1990. P6 : COPY OF THE JUDGMENT IN O.P.NO. 2459/92 DATED 17/03/1992. P7 : COPY OF THE ORDER OF THE 2ND RESPONDENT IN SMP NO.269/97 DATED 13/10/1992. P8 : COPY OF THE JUDGMENT IN CRP NO.2490/92 DATED 28/01/2000. // TRUE COPY // PA TO JUDGE. jg T.R.RAMACHANDRAN NAIR, J. ---------------------- O.P. No. 10401 of 2000 ------------------------------------ Dated, this the 12th day of March, 2008 J U D G M E N T The petitioners are aggrieved by the rejection of the application under Section 85(8) of the Kerala Land Reforms Act. The petitioners were assigned various lands as per Exts.P1, P2 & P3 sale deeds during the year 1976. As well as the 1st petitioner is concerned, he had transferred 1 acre 72 cents of land as per document No.98/97 of S.R.O. Malappuram to one Shri.Muhammed. Similarly, 2nd & 3rd petitioners also have transferred certain portions of the property to others, who are not parties here. There were proceedings before the Taluk Land Board, in the case of the family of the declarant, namely Late Shri.Atha. There were various proceedings also fixing the land to be surrendered by the family, which had been subjected to challenge in C.R.P.No. 1264/1983 filed by the legal heirs of the said declarant. The matter was remanded for re-consideration and the predecessor in interest of the petitioners had filed C.R.P.No.1300/1983, which was disposed of by Ext.P5 judgment. The father of the petitioners had also filed C.R.P.1300/83, which was disposed of by Ext.P5 judgment directing O.P.NO. 10401/2000 -2- the Taluk Land Board to re-consider his claims. After his death the Land Board without impleading his legal heirs passed an ex-parte order. The petitioners thereafter approached the Land Board stating that they were sought to be dispossessed pursuant to the final order passed by the Taluk Land Board, by way of appropriate provisions invoking Section 85(8) of the Act. The same was the subject matter of Ext.P7 order of the Taluk Land Board. 2. The matter is now governed by the amendment introduced incorporating Section 7E in the Statute Book by Kerala Land Reforms Amendment Act, 2005. In view of the said amended provision, the applicability of the same can be claimed by the petitioners, the learned counsel points out. Therefore, notwithstanding the order passed by the Taluk Land Board, the petitioners will be entitled to move for getting the benefit of the said provision before the Land Board. The petitioners and their transferees can, therefore, move the Taluk Land Board by way of appropriate petitions in that regard. If such petitions are filed within a period of six weeks from today, the Taluk Land Board will consider the same on merits and appropriate orders will be passed as expeditiously as possible. The interim order passed by this Court in C.M.P.No.17301/2000 will continue to be in force till orders are O.P.NO. 10401/2000 -3- passed and communicated to the petitioners by the Taluk Land Board. This original petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE.) jg