IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 CRP.No. 143 of 2008(F) -------------------------------- AGAINST THE ORDER DATED 31/10/2007 IN SMP.52/1997 OF TALUK LAND BOARD, NILAMBUR. .................... REVN. PETITIONER/ CLAIMANT: ---------------------------------------------- PANACHAMOOTIL JACOB JOHN, S/O.PANACHAMOOTIL JOHN.P.CHACKO, PANACHAMOOTTIL HOUSE, EDAKKARA AMSOM DESOM,. NILAMBUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.DEVIDAS.U.K. RESPONDENTS/ STATE: ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR,MALAPPURAM DISTRICT. 3. TAHSILDAR, NILAMBUR TALUK. 4. THE CHAIRMAN, TALUK LAND BOARD, NILAMBUR TALUK, MALAPPURAM. BY GOVERNMENT PLEADER SMT. R. BINDU. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 143 OF 2008 = = = = = = = = = = = = = = = Dated this the 21st day of February, 2008. O R D E R This revision petition is preferred against the order of the Taluk Land Board in SMP 52/97 dated 31.10.07. The revision petitioner before me is one Sr.Jacob John who had preferred a claim application for deletion of 1.50 acres of land in R.S.1029/Edakkara village from the declarant's account. The Taluk Land Board held that the document produced by him in support of the claim is an assignment deed No.3188/01 and the verification of the document shows that it includes land other than which is belonging to the declarant's family. The Board held that the extent and identity of the land belonging to the declarant's family included in the documents is not mentioned therein. Therefore did not consider the same. 2. Heard the learned counsel for the revision petitioner as well as the Government Pleader. If it is a transaction to be protected under Section 7(E), the Taluk Land Board should have considered the ingredients therein CRP NO. 143 of 2008 -:2:- and decide the matter as per the said provision. If the Taluk Land Board considers that it is not a property that belongs to the declarant's family then the recitals in the document No.3188/01 the land have to be taken into consideration wherein Ramabhadran claims tenancy from the Kovilakam and if there is such a lease then necessarily such property cannot be included in fixing the ceiling limit of the mother. In either way, the matter requires detailed consideration. The approach of the Taluk Land Board appears to be erroneous and that requires reconsideration. Therefore the order under challenge so far as it relates to the revision petitioner Jacob John is set aside and the matter is remitted back to the Taluk Land Board for fresh consideration of his claim in accordance with law. The Taluk Land Board shall issue notice to the said Jacob John fixing the hearing date and then dispose of the matter in accordance with law. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-