IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 CRP.No. 2536 of 2000(I) ----------------------- CR.5/1976 of TALUK LAND BOARD, TIRUR .................... REVN. PETITIONER(S): --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.SHYSON D.MANGUZHA RESPONDENT(S): --------------- 1. SMT.CHEERAKUZHIYIL KUNHEEMA UMMA, D/O.HASSAN ANATHAVOOR. 2. SMT.MAYYERI KHADEEJA, W/O.KAVUMPURATH MOIDU, ANANTHAVOOR. 3. SRI.KAVUMPURATH BAPPU, S/O.KAVUMPURATH KUNHIMOIDU ANANTHAVOOR. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------------------------- C.R.P. No. 2536 OF 2000 ----------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT Revision is by the State of Kerala challenging the order dated 30.9.1999, of the Taluk Land Board, Tirur which decided the ceiling case against the declarant and issued directions to the declarant to surrender excess land of 8.64 acres. Three respondents in this Civil Revision Petition are 85(8) petitioners. The first petitioner claimed 31 cents of land. Her case is that, she was a cultivating tenant entitled to fixity of tenure. Therefore, she approached the Land Tribunal and the Land Tribunal issued purchase certificate in her name. Taluk Land Board conducted an enquiry. Authorised Officers also reported that, the first petitioner is in ownership and enjoyment of the said property as per Purchase certificate issued by the land Tribunal. Respondents 2 and 3, the other two 85(8) petitioners, are transferees of first respondent. Finding of the Land Tribunal is on the basis of Supreme Court decisions that Purchase certificate issued under the provision of the Kerala Land Reforms Act cannot be ignored unless there is fraud or collision. The Taluk Land Board accepted the authorised officers' report and held that the first applicant is a tenant and the other two applicants are transferees of first respondent. Taluk Land Board rightly deleted 31 cents occupied by the 85(8) applicants from the account of the declarant . I find no reason to interfere with the finding of the Taluk Land Board. Civil Revision Petition is without any merit. Accordingly the same is dismissed. (HARUN-UL-RASHID, JUDGE) sks/- HARUN-UL-RASHID, J. CRP No.2536 OF 2000 JUDGMENT 5th December, 2008