IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 CRP.No. 1084 of 2005(B) ----------------------- SM.1/1995 of TALUK LAND BOARD, PALAKKAD .................... REVN. PETITIONERS ---------------------- 1. C.SREEMATHY, W/O.T.K.VELAYUDHAN, 'SREEKALA', B.P.L.ROAD, KOOTTUPATHA, PALAKKAD-7. 2. SREEKALA MOHANDAS, W/O.T.K.MOHANDAS, DO DO 3. T.K.MOHANDAS, S/O.T.K.KUNJUNNI, DO DO BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P SRI.M.V.BIPIN RESPONDENTS: ----------------- 1. THE TALUK LAND BOARD, PALAKKAD, REP. BY ITS CHAIRMAN. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.BINDU FOR R1 & R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/07/2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.P.NO. 1084 OF 2005 ------------------------------------------ Dated this the 25th day of July, 2008 O R D E R This petition is filed under Section 103 of Kerala Land Reforms Act challenging the order passed by Taluk Land Board, Palakkad in S.M. 1 of 1995 dated 30.9.2004. As per the said order, Taluk Land Board found that Dhanikachalam Udayar has been in possession of excess land over the ceiling limit and directed him to surrender 10.67½ acres of land as shown therein. Case of petitioners is that they are not parties to the proceedings before the Taluk Land Board and they did not get notice or any information about the said proceedings and they have right over the properties under Document No.2508/1966 and 3482/1965 of S.R.O., Palakkad and those properties cannot be directed to be surrendered as excess land of Dhanikachalam Udayar and therefore the order is to be quashed to that extent. 2. Learned counsel appearing for petitioners and first respondent were heard. 3. Section 103 of Kerala Land Reforms Act enables any person aggrieved by any final order passed by the Taluk CRP 1084/2005 2 Land Board, if the Taluk Land Board has either decided erroneously or failed to decide any question of law. Though petitioners are claiming under document No.2508/1966 and 3482/1965 of S.R.O., Palakkad, and that too based on the right obtained by Velayudhan T.K., they did not raise any claim before the Taluk Land Board. True, they have case that they did not receive any notice and were not aware of the proceedings. But sub section 8 of Section 85 of Kerala Land Reforms Act provides that where the Taluk Land Board determines the extent of land to be surrendered by any person, without hearing any person interested, such a person is entitled to apply within the period provided therein, to the Taluk Land Board to set aside the order and if he satisfies the Taluk Land Board that he was prevented by any sufficient cause from appearing before the Taluk Land Board, it shall set aside the order and shall proceed as provided under sub section 5 or 7 of Section 85 of Kerala Land Reforms Act. Therefore, even if petitioners did not receive any notice and were not aware of the proceedings, they are entitled to apply to the Taluk Land Board as provided under sub section 8 of Section 85 to exclude their property. Remedy of the petitioners is therefore to approach the Taluk Land Board as provided under CRP 1084/2005 3 sub section 8 of Section 85. 4. The revision petition is disposed granting an opportunity to the petitioners to file an application before the Taluk Land Board as provided under sub section 8 of Section 85 of Kerala Land Reforms Act. Petitioners are permitted to file such an application within two weeks from today before the Taluk Land Board. M. SASIDHARAN NAMBIAR, JUDGE Okb/-