IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 CRP.No. 1723 of 2000(H) ORDER DATED 29.4.2000 IN C.R.204/1973 OF TALUK LAND BOARD, TIRUR REVN. PETITIONER: LEGAL REPRESENTATIVE OF THE DECLARANT: T.LAKSHMIDEVI NERSSIYARAMMA, THEKKANCHERI HOUSE, MARAKKARA VILLAGE, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADV. SRI.T.R.RAVI RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE TALUK LAND BOARD, TIRUR. 3. THE TAHSILDAR, TIRUR. 4. NEDUNGOTTIL KUNHAYAMUTTY, S/O.MAMMUKUTTY, MELMURI AMSOM AND DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 5. MELATHIL KUNHIMARAKKAR, S/O.ALAVIKUTTY, MEMLURI AMSOM AND DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 6. PAMBALATH BASHEER, S/O.KOMU, MELMURI AMSOM AND DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. 7. MELATHIL KUNHIMARAKKAR, S/O.MUHAMMED, PONMUNDAM AMSOM, PUTHUR DESOM, TIRUR TALUK, MALAPPURAM DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI.S.DILEEP THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.M.P.NO.3508/2000 IN C.R.P.NO.1723/2000 DISMISSED 02/01/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1723 OF 2000 -------------------------------------------- Dated this the 2nd January, 2008 O R D E R The petitioner is liable to surrender an extent of 4.35 acres of land. It is stated in page 3 of the Memorandum of Revision thus: “The petitioner has no grievance as far as regarding the extent of land that has been found liable to be surrendered.” The grievance put forward by the petitioner in this Revision is regarding option. The petitioner contends that the Taluk Land Board ignored the order passed by this Court in C.R.P.No.171 of 1993. 2. C.R.P.No.171 of 1993 was filed by the petitioner. In that Revision, the petitioner stated that she was willing to surrender an extent of 2.17 acres in Marakkara Village and 2.18 acres in Melmuri Village. C.R.P.No.171 of 1993 was disposed of by this Court by order dated 26.9.1998, directing the petitioner to surrender 2.17 acres in Sy.No.174/2A1 of Marakkara Village and 2.18 acres in R.S.No.130 of Melmuri Village. It is stated in the Revision that the Marakkara Educational Development Society filed R.P.No.122 of 1999 against the order in C.R.P.No.171 of 1993 and that Review Petition was admitted and stay was granted. The revision petitioner is not in a position to say whether R.P.No.122 of 1999 was disposed of or not. Any how, it is not quite relevant now as the land claimed by Marakkara Educational Development Society is in Sy.No.174/2A1 and since the revision petitioner does not put forward any contention in respect of that survey number. C.R.P. NO.1723 OF 2000 :: 2 :: 3. The grievance of the revision petitioner relates to the extent of land to be surrendered in R.S.No.130 of Melmuri Village. It is stated that the total extent of land belonging to the declarant in R.S.No.130 is more than three acres. The order of the Taluk Land Board would indicate that the declarant had sold one acre of land in R.S.No.130 to one Rajendra Kumar. It is also stated in the order impugned that four persons filed applications under Section 85(8) of the Kerala Land Reforms Act, claiming right over a total extent of 43.22 cents and that the said extent forms part of the one acre of land sold to Rajendra Kumar. Even if the extent of one acre is not allowed to be surrendered, still there is a balance of more than two acres of land in that survey number, according to the revision petitioner. It is clear from the order in C.R.P.No.171 of 1993 that the petitioner is entitled to surrender an extent of 2.18 acres in R.S.No.130 of Melmuri Village. The Taluk Land Board as per the order impugned directed the petitioner to surrender only an extent of 51 cents in R.S.No.130. The grievance of the petitioner is that the petitioner was not allowed to surrender larger extent from R.S.No.130 so that she could salvage certain other items. It is also the grievance of the petitioner that the Taluk Land Board did not comply with the directions in the order dated 26.9.1998 in C.R.P.No.171 of 1993. 4. The order dated 29.4.2000, passed by the Taluk Land Board, does not refer to the order in C.R.P.No.171 of 1993. The specific direction in the order in C.R.P.No.171 of 1993 that the petitioner shall surrender an extent of 2.18 acres in R.S.No.130 of Melmuri Village is not given effect to by the Taluk Land Board C.R.P. NO.1723 OF 2000 :: 3 :: in the order impugned in this Revision. Nothing is stated in the present order as to why the option exercised by the petitioner in respect of R.S.No.130 of Melmuri Village is not accepted. 5. In the above facts and circumstances, I am inclined to set aside the order passed by the Taluk Land Board. The Taluk Land Board shall fix the extent and identity of the land to be surrendered as excess land, namely 4.35 acres, afresh, in compliance with the order dated 26.9.1998 in C.R.P.No.171 of 1993. If necessary, the petitioner would be free to file a fresh option statement without derogating from the offer made in C.R.P.No.171 of 1993. The Taluk Land Board shall consider the question of option afresh and pass appropriate orders. The Civil Revision Petition is allowed as indicated above. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ---------------------------------------------- ---------------------------------------------- C.R.P.NO. 1723 OF 2000 O R D E R 2nd January, 2008 ----------------------------------------------