IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 CRP.No. 203 of 2006() --------------------- CR.373/1973 of TALUK LAND BOARD, TIRURANGADY .................... REVN. PETITIONER/ DECLARANT: ------------------------------- KOTTADAN AHAMMED KUTTY, S/O. KUNHIMOIDEEN KUTTY HAJEE, TIRUR AMSOM,DESOM, TIRUR TALUK. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- 1. TALUK LAND BOARD, THIRURANGADY, REPRESENTED BY ITS CHAIRMAN. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R1 & R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON I.A.NO.864/2006 IN CRP.NO.203/2006 ----------------- Dismissed 6/1/2009 Sd/- HARUN-UL-RASHID, JUDGE. True Copy HARUN-UL-RASHID,J. --------------------------- C.R.P.NO.203 OF 2006 ---------------------------- DATED THIS THE 6TH DAY OF JANUARY,2009 O R D E R Declarant is the revision petitioner herein. The order dated 28/1/2006 in C.R.No.373/73 on the file of the Taluk Land Board, Thirurangady is under challenge. 2. The family of the declarant consists of himself, his wife and five minor children as on 1/1/1970. According to the declarant, he is entitled to retain 12 standard acres under Section 82(1)(c) of the Kerala Land Reforms Act. The learned counsel had referred to the first order passed by the Taluk Land Board relating to Item No.5. The extent of property as stated in Item No.5 is 20 acres, which is equivalent to 8.35 standard acres. So the petitioner contended that the actual extent of land he can retain is 12 standard acres equivalent to the corresponding ordinary acres. Petitioner claims that he is entitled to retain 20 ordinary acres, which is the maximum limit prescribed under the Act. The next contention -2- CRP.No.203/2006 raised is that the total extent of property owned and held by him in R.S.No.427 is only 5 acres and 10 cents. But the Taluk Land Board included an extent of 32.90 acres in the said survey number in his account. Learned counsel pointed out the judgment in O.S.No.138/80 produced along with this revision petition. In the said suit a decree was passed by the Munsiff's Court, Manjeri declaring that the plaintiff (petitioner herein) has no right, title or interest over the property comprised in R.S.No.427 and 428/3 apart from 5 acres and 10 cents comprised in R.S.No.427. The court below further declared that the plaintiff has no title or interest over the property comprised in R.S.No.458/9 having an extent of 26 cents. The judgment of the Munsiff's Court was not considered while passing the impugned order, contended by the learned counsel. The counsel for the petitioner also submitted that no area was ear-marked or extended for the house site. In fact, his house is situated in a Panchayat area and therefore a reasonable extent is liable to be -3- CRP.No.203/2006 excluded as house site. Learned counsel further pointed out that in the first order an extent of 1 acre of land is exempted as house site. In view of the above circumstances, the matter requires re- consideration by the Taluk Land Board. Therefore, the case is remanded to the Taluk Land Board, Thirurangady for fresh consideration of the questions raised by the petitioner including the question discussed in this order. This will be done within six months. The CRP is allowed as above. HARUN-UL-RASHID, Judge. kcv.