IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 CRP.No. 641 of 2002() --------------------- SM.1/1992 of TALUK LAND BOARD, ALATHUR .................... REVN. PETITIONER: ASSESSEE ----------------------------- CHENTHAMARAKRISHNAN S/O.N.C. KUNCHU NEDUNGODE HOUSE, CHERAMANGALAM, MELARKODE, ALATHUR TALUK, PALAKKAD DISTRICT. (DIED) ADDL. 2. GOPALAN, S/O.LATE N.C.KUNCHU, AGED 65 YEARS, RESIDING AT SOUPARNNIKA, KALNADA, CHATHAMANGALAM, CHITTUR TALUK. '' 3.SOUDAMINI, AGED 65, W/O.LATE RAMAKRISHNAN, KAKKOTHIL HOUSE, MANIKURUSSI, PALAKKAD TALUK. '' 4. PREMALOCHANA, W/O.SATHYADEVAH, CHOZHIYEKKAL HOUSE, PATTACHERRY, CHITTUR TALUK. (ADDl. PETITIONERS 2 TO 4 ARE IMPLEADED AS PER ORDER DATED 21/2/08 IN C.M.APPLN.NO.99/08, I.A.NO. 343/2008 & IA.NO.344/2008 ) BY ADV. SRI.P.R.VENKETESH SRI.R.RAGHUNATH RESPONDENT(S): --------------- 1. GOVERNMENT OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,TRIVANDRUM. 2. TALUK LAND BOARD, ALATHUR. 3. THE TAHSILDAR, ALATHUR. GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 19/01/2009, ALONG WITH CRP NO. 1399 OF 2004 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CMP.NO.1694/2002 IN CRP.NO.164/2002 ----------- Dismissed 19/1/2009 Sd/- HARUN-UL-RASHID, JUDGE. HARUN-UL-RASHID,J. --------------------------- C.R.P.NOS.641 OF 2002 & C.R.P.NO.1399 OF 2004 ---------------------------- DATED THIS THE 19 TH DAY OF JANUARY, 2009 O R D E R CRP.No.641/2002 The order dated 29/1/2002 in S.M.1/92 passed by the Taluk Land Board, Alathur directing the revision petitioner to surrender 2.99 ½ acres of the land as in excess of the ceiling limit, is under challenge in this revision petition. During the pendency of the revision, the assessee, K. Chenthamarakshan, died and his legal representatives are impleaded as additional petitioners 2 to 4. The Taluk Land Board issued a draft statement directing the petitioner to surrender an extent of 2.99 ½ acres. Petitioner entered appearance through his counsel and filed objection. In the objection it is inter alia contended that there was an earlier S.M. proceedings initiated against the petitioner as S.M.No.328/7and the same was dropped in the year 1978 finding that the petitioner was -2- CRP.Nos.641/02 & 1399/2004 holding lands within the ceiling limits. It is also contended by the petitioner that he has no excess land to surrender and therefore the present proceedings are initiated without any sufficient materials for the same. He further contended that an extent of 1.37 acres in Sy.Nos.100/2, 100/88,109/8, 107/A12, 125/7, 142/8 was in possession and enjoyment of the tenants even before the year 1960 and therefore the inclusion of the said properties in his account is illegal. It is contended that since the earlier proceedings were dropped in the year 1978, the present proceedings initiated after a period of 15 years is barred by limitation. He also submitted that the Taluk Land Board did not consider any of the contentions of the petitioner and without affording an opportunity to substantiate his case arbitrarily fixed an extent of 2.99 ½ acres to be surrendered. 2. It is seen from the order that the question raised by the petitioner was not considered in the right perspective. Therefore, reconsideration of the case is necessary in the interest of justice. -3- CRP.Nos.641/02 & 1399/2004 CRP.No.1399/2004 3. The petitioner in this revision claimed a portion of the property included in the accounts of Chenthamarakshan, who is the assessee in S.M.No.1/92. Petitioner claims right over the properties in Sy.No. 142/9 - 0.44 acres, 138 B1- 0.14 acres, 142- 1 – 0.12 acres and 138 A/6 – 0.04 acres of Melarcode Village and some other extents included in the account of the assessee. The revision petitioner submitted that the above said lands are in his possession and he got the same by a registered Will No.81/97 dated 20/9/97 executed by his grandmother Smt.Madhavi, who is the mother of the assessee in S.M.1/92. The prayer is to exempt the said properties. 4. The impugned orders are set aside. The Taluk Land Board is directed to consider S.M.1/92 and the claim petition filed by the petitioner in CRP.No.1399/2004 under Section 85(8) of the Kerala Land Reforms Act and pass appropriate orders within a period of six months from the date of receipt of a copy -4- CRP.Nos.641/02 & 1399/2004 of this judgment. The Taluk Land Board shall give sufficient opportunities to the petitioners to substantiate their case on the basis of the contentions raised by them. In the result, both C.R.Ps. are allowed. HARUN-UL-RASHID, Judge. kcv. -5- CRP.Nos.641/02 & 1399/2004