IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 13TH MARCH 2008 / 23RD PHALGUNA 1929 CRP.No. 566 of 2001() ------------------------------ TLB. NO.57/1973 OF THE TALUK LAND BOARD, HOSDRUG. ---------- REVN. PETITIONER: (CLAIM PETITIONER NO.7) ---------------------------- A.MAIMOONA, D/O. KHADEEJA, RESIDING AT KANAKAPPALLY, THATTU, PARAPPA VILLAGE, HOSDRUG. BY ADV. SRI.A.P.CHANDRASEKHARAN (SR.) RESPONDENTS: ----------------------- 1. THE TALUK LAND BOARD, HOSDRUG. 2. THE VILLAGE OFFICER, PARAPPA 3. THE TAHSILDAR, HOSDRUG. BY GOVERNMENT PLEADER SMT.R.BINDU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 566 OF 2001 = = = = = = = = = = = = = = = Dated this the 13th day of March, 2008. O R D E R This revision petition is preferred against the order of Taluk Land Board, Hosdurg dated 23.8.2000. The revision petitioner's case had been considered by the Taluk Land Board in paragraph 5 of the order. The claim petitioner has purchased an extent of three acres of land comprised in R.S.40/1A of Parappa village and has sought exclusion on the ground that it had taken this property to fix the ceiling limit of M.C.T. Krishnavarma Raja. So the point that has to be considered and decided by the Taluk Land Board is whether the said property has to be included in the ceiling case of Sri.M.C.T. Krishnavarma Raja and not any other factor. But what the Taluk Land Board has done is that there had been a ceiling case against the father of the claim petitioner that he had opted to surrender some land in R.S.40/1A and she was a child born after 1.1.1970 and further on the death of Abdul Khader, the property had devolved upon the legal representatives. I am at a loss to understand what the Taluk CRP NO. 566 of 2001 -:2:- Land Board has meant by these observations in the order. The property was purchased in the name of the minor by the mother as guardian on 11.3.1985. The question of considering application of Section 87 of the Kerala Land Reforms Act in this case on this claim petition is not sustainable. The Taluk Land Board cannot blow hot and cold at the same time and enter into a finding of this nature. Therefore the order under challenge is set aside and the matter is remitted back to the Taluk Land board with a direction to consider whether the property claimed by the claimant herein is a property which has to be reckoned for the ceiling purpose of Sri. M.C.T. Krishna Varma Raja and dispose of the matter in accordance with law and if it is not so and if possession is taken necessarily it has to be reconveyed. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- CRP NO. 566 of 2001 -:3:- M.N. KRISHNAN, J. = = = = = = = = = = C.R.P. No. 566 OF 2001 = = = = = = = = = = = O R D E R 13th March, 2008.