IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 CRP.No. 956 of 2000(D) ---------------------- SMP.342/1976 of TALUK LAND BOARD, PERINTALMANNA .................... REVN. PETITIONER: ------------------ ABIIBACKER, NADAKALATHIL, ARAKKUPARAMBA, PERINTHALMANNA TALUK. BY ADVS. SRI.V.N.ACHUTHA KURUP (SR.) SRI.B.S.SWATHY KUMAR SRI. T.R.HARIKUMAR, SRI. FRAKLIN CHELLATH SRI. K. HARILAL RESPONDENTS: ------------- 1.STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2.THE TALUK LAND BOARD, PERINTHALMANNA. BY GOVERNMENT PLEADER SRI. SHYSON P. MANGUZHA FOR R1 & R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P. NO. 1987 OF 2000 IN C.R.P. NO. 956 OF 2000. DISMISSED 5.6.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 956 OF 2000 -------------------------------------------- Dated this the 5th day of June, 2008 O R D E R This Civil Revision Petition is directed against the order of the Taluk Land Board. Perintalmanna in S.M.P. No. 342 of 1976. The revision petitioner is the son of late Pokku who held land in excess of the ceiling limit. The Taluk Land Board initiated suo motu proceedings for determining the excess land to be surrendered by the family of deceased Pokku and issued notice to Pathumma Kutty Umma, the wife of Pokku. The revision petitioner submitted that though he and four other sons of late Pokku were majors when the ceiling proceedings were initiated, notices were not issued to them. In the meanwhile some interested persons filed C.R.P. Nos.4163 of 1981 and 1021 of 1982 before this Court claiming tenancy over portions of the property belonging to Pathumma Kutty Umma. This Court disposed of the revisions and remanded the matter to the Taluk Land Board for fresh consideration. While so, Pathumma Kutty Umma died. It is contended by the revision petitioner that the Taluk Land Board failed to issue notice to the legal heirs of Pathumma Kutty C.R.P. NO.956/2000 2 Umma including the petitioner and hence, there was no occasion for them to represent the case before the Taluk Land Board. In the meanwhile some others also filed petitions under Section 85(8) of the Kerala Land Reforms Act, 1963 claiming portions of the property belonging to the family of the revision petitioner. In the order passed by the Taluk Land Board it is stated that the legal heirs of Pathumma Kutty Umma did not put forward any specific claim. It is contended by the revision petitioner that apart from the above statement, there is absolutely no discussion about the rights of the legal heirs of deceased Pathumma Kutty Umma. It is also pointed out that none of the legal heirs were arrayed as parties in the proceedings of the Taluk Land Board. According to the revision petitioner, the impugned order is illegal, void and the same was passed after the death of Pathumma Kutty Umma without impleading the legal heirs on record. 2. Learned counsel appearing for the revision petitioner submitted that the revision petitioner had raised a number of serious objections before the Taluk Land Board with regard to the extent and identity of the land to be surrendered and that without giving an opportunity to the revision petitioner to substantiate his case, the Taluk Land Board passed the impugned order directing to surrender vast extent of land which the legal heirs are not liable to surrender. C.R.P. NO.956/2000 3 3. On going through the pleadings, facts and circumstances of the case, I am of the view that the matter requires reconsideration. The Taluk Land Board is directed to issue notice to the legal heirs of deceased Pathumma Kutty Umma, consider their objections and pass a revised order. Until then, the Taluk Land Board shall keep in abeyance all further proceedings in the ceiling case. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.956/2000 4 HAURN-UL-RASHID, J. C.R.P. NO. 956/2000 O R D E R 5th JUNE, 2008