IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 CRP.No. 1208 of 2003(G) --------------------------- ----- TLB.555/1973 of TALUK LAND BOARD, HOSDRUG .................... REVN. PETITIONER(S): --------------------- 1. MAZHUVANCHERI KALAYIL CHACHI, W/O. KORA, AGED 65 YEARS, KALLAR VILLAGE, HOSDURG TALUK, POST MALAKALLU, KASARAGOD DIST. 2. MAZHUVANCHERI KALAYIL CHACKO, S/O. POTHEN, AGED 65 YEARS, KALLAR VILLAGE, HOSDURG TALUK, POST MALAKALLU, KASARAGOD DIST. 3. MUTHOOTIL KURIAKOSE, S/O. THOMAS, AGED 55 YEARS, KALLAR VILLAGE, HOSDURG TALUK, POST RAJAPURAM, KASARAGOD DISTRICT. 4. MAZHUVANCHERI KALAYIL THOMAS @ THOMMAN, S/O. POTHAN, AGED 62 YEARS, KALLAR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.O.RAMACHANDRAN NAMBIAR RESPONDENT(S): ----------------------- 1. TALUK LAND BOARD, HOSDURG. 2. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON IA. NO.132/2003 IN CRP. NO.1208/2003 DISMISSED 15.12.2008 SD/- HARUN – UL- RASHID, JUDGE /TRUE COPY/ P.A. TO JUDGE tss HARUN-UL-RASHID,J. ------------------------- C.R.P No.1208 of 2003 -------------------------- Dated this the 19th December, 2008 O R D E R The order under challenge is the order of the Taluk Land Board, Hosdurg dated 25.3.2003. Revision petitioner is claiming an item of property purchased from the sister of the declarant by document dated 28.4.1975. The Taluk Land Board rejected the contention of the petitioners and passed final order on 25.3.2003. In the ceiling proceedings, revision petitioners were impleaded and therefore, the objections were heard. The claim of the revision petitioners was rejected by order dated 25.3.2003. The Taluk Land Board held that the said transaction is invalid as per Section 84 of the Kerala Land Reforms Act. 2. The contention of the revision petitioner is that her claim under Section 7E of the Kerala Land Reforms Act was not considered by the Taluk Land Board. Consideration of the said question is necessary in the interests of justice. C.R.P No.1208 of 2003 2 3. I find some force in the contention raised by the revision petitioners. The Taluk Land Board is directed to consider the question whether the revision petitioners are entitled to get the benefit under Section 7E of the Kerala Land Reforms Act. 4. In the result, the order under change is set aside and the case is remanded to the Taluk Land Board for passing revised order in the light of the observations made above. No order as to costs. (HARUN-UL-RASHID,JUDGE) ma C.R.P No.1208 of 2003 3 C.R.P No.1208 of 2003 4