IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 23RD MAY 2008 / 2ND JYAISHTA 1930 CRP.No. 967 of 2002() --------------------- TLB.1432/1973 of TALUK LAND BOARD, HOSDRUG .................... REVN. PETITIONER/CLAIMANT: -------------------------------------------- THOMMI MATHAI, AGED 70 YEARS, S/O. THOMMI, ASHOKACHAL, KONNAKKAD P.O., MALOTH VILLAGE, HOSDURG. BY ADVS. SRI.K.RAJEEVAN SRI.DILIP MOHAN RESPONDENTS/RESPONDENTS: ------------------------------------- 1. THE STATE OF KERALA REP. BY LAND REVENUE COMMISSIONER, TRIVANDRUM. 2. THE CHAIRMAN, TALUK LAND BOARD, HOSDURG. 3. THE TAHSILDAR, HODURG. 4. THE DISTRICT COLLECTOR, HOSDURG. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN FOR R1 TO 4 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.P. NO. 2528 OF 2002 IN C.R.P. NO. 967 OF 2002. DISMISSED 23.5.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 967 OF 2002 -------------------------------------------- Dated this the 23rd day of May, 2008 ORDER This Civil Revision Petition is filed by the claimant challenging the order dated 27.4.2002 passed by the Taluk Land Board, Hosdurg in TLB No.1432/73. According to the revision petitioner, he is in possession and enjoyment of an extent of 9.50 acres of property in R.S. No.193/Pt of Maloth Village. It is also submitted by him that his predecessor-in-interest got tenancy right over the property in question as per Kuzhikanam Marupat deed No.541/1956 and that he obtained the property from the tenant by kuzhikanam right. The revision petitioner further submitted that subsequently he applied for jenm right and the Tribunal vide its order dated 23.4.1977 issued purchase certificate No.1584/77 by virtue of which he got absolute ownership of the property and , therefore, the Taluk Land Board was wrong in negativing his claim. The revision petitioner also submitted that he had produced Kuzhikanam Marupat deed No.541/1956 and the purchase certificate before the Takuk Land Board , but the Taluk Land Board wrongly observed that the petitioner failed to produce any evidence to prove his tenancy right over the property. C.R.P. NO.967/2002 2 2. The revision petitioner has produced the copy of the purchase certificate before this Court for my perusal. I have gone through the purchase certificate dated 23.4.1977 and I am of the view that the dismissal of the claim of the revision petitioner is illegal. Hence, the Taluk Land Board is directed to reconsider the matter afresh in accordance with law after perusing the Kuzhikanam Marupat deed No.541/1956 and the purchase certificate and pass fresh orders within a period of four months from the date of receipt of a copy of this order. The Civil Revision Petition is disposed of with the above direction. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.967/2002 3 HAURN-UL-RASHID, J. C.R.P. NO. 967/2002 O R D E R 23RD MAY, 2008 C.R.P. NO.967/2002 4