IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI TUESDAY, THE 10TH NOVEMBER 2009 / 19TH KARTHIKA 1931 CRP.No. 1805 of 2003() ---------------------- ( ORDER OF TALUK LAND BOARD , ERNAD IN C.R.NO.470/77 DTD.24/6/2003) REVN. PETITIONER(S): (DECLARANT) -------------------------------- 1. POOLAKKAL THALAKKATTIRI MAMMADKUTTY HAJI, PULIKKAL VILLAGE, ERNAD TALUK.(DIED) 2. P.T.KHALID S/O LATE MAMMADKUTTY HAJI POOLACKAL THALAKKATTIRI HOUSE P.O. OLAVATTOOR, MALAPPURAM DISTRICT 3. P.T.KHADER, S/O DO., RESIDING AT DO. 4. P.T.RASAQUE, S/O DO., RESIDING AT DO. 5. P.T.SAMAD, S/O DO. , RESIDING AT DO. 6. P.T.SALEEMA, S/O DO., RESIDING AT DO. 7. P.T.FATHIMAS, D/O DO., RESIDING AT DO. 8. P.T.BUSHRA, D/O DO., RESIDING AT DO. 9. P.T.RASIYA, D/O DO., RESIDING AT DO. 10. P.T.AYISHABI, D/O DO., RESIDING AT DO. ADDITIONAL REVISION PETITIONERS IMPLEADED AS PER ORDER IN I.A.NO.1436/2008 DATED 29-8-2008 BY ADV. SRI.T.SETHUMADHAVAN CRP.NO.1805/03 RESPONDENT(S): (RESPONDENTS) ---------------------------- 1. THE TALUK LAND BOARD, ERNAD, REPRESENTED BY ITS CHAIRMAN. 2. P.C.KADER HAJI, S/O.AHAMMEDKUTTY, POOLAKKAL HOUSE, P.O.OLAVATTOOR, ERNAD, MALAPPURAM DISTRICT. 3. THE STATE OF KERALA, REP. BY CHIEF SECRETARY, TRIVANDRUM. GOVERNMENT PLEADER SRI.M.R.SABU FOR R1 & R3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 04/11/2009, THE COURT ON 10/11/2009 PASSED THE FOLLOWING: P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - C.R.P.No.1805 OF 2003 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2009 ORDER Revision petitioner is the declarant in C.R.No.470/1977 on the file of Taluk Land Board , Ernad who is the first respondent in the revision petition. The Taluk Land Board directed the declarant to surrender 25.50 Acres of excess land by order dated April 30, 2002 of which 13.72 Acres included in Sy.No.74/1A of Olavattoor amsom was taken over on 26-10-1991. Sri.Poolakkal Kader Haji who is the second respondent filed a petition before the Taluk Land Board on 24-5-1994 stating that about 8 Acres of land wrongly taken over from his possession instead of lands taken over from the declarant and prayed for re-conveyance of the said land. This court in O.P.No.3953/2003 filed by the second respondent directed the Taluk Land Board to consider the claim of the second respondent within two months from the date of production of copy of the judgment by order dated 4-2-003. In pursuance to that order, Taluk Land Board by the impugned order decided to exclude 5.60 Ares in R.S.No. 74/1A belonging to second CRP.No.1805/03 Page numbers respondent and decided to re-convey 5.60 Acres in R.S.No.74/1A to second respondent which was mistakenly taken over by the authorities as the land of the declarant. Subsequently one Cheeroli Narayanan claimed right over 4.57 Acres in Sy.No.60/3A1, 3A2 of Pulikkal village which was rejected by the Taluk Land Board by order dated 4-7-91. Sri.Narayanan filed C.R.P.No.2404/1991 before this court and by order dated 25/1/2002 this court has ordered that the said Narayanan is entitled to get protection of the said land and the same is not liable to be surrendered. In pursuance of the above order, the Taluk Land Board by the impugned order excluded the said land ordered to be surrendered. By the impugned order, the Taluk Land Board has further ordered that the there will be no difference in the total extent of land to be surrendered by the declarant in this case in view of the above order. 2. Counsel for the revision petitioner submitted that the above said 5.60 Acres and 4.57 Acres should be excluded from the total extent of land allegedly held by the declarant and only after excluding those lands, the Taluk Land Board can decide the extent of the land to be surrendered by the declarant. There is force in the above contention. 3. It has been held by a Single Bench of this court in Sahadevan v. State of Kerala (2008(2) KLT 573) that once a claim CRP.No.1805/03 Page numbers put forward by the claimant is accepted, said extent of land so proved to be held by claimant shall be excluded from the account of the declarant. The provisions of the Kerala Land Reforms Act is very clear that the Taluk Land Board cannot simply accept the claim of the claimant and at the same include that land in the total extent of land held by the declarant. That being so, the impugned order passed by the Taluk Land Board 'in so far as it held that there is no difference in the total extent of land to be surrendered by the declarant' is illegal and unsustainable and it is liable to be set aside. I do so. The matter is remanded to the Taluk Land Board to decide afresh the extent of land to be surrendered by the declarant after excluding the above said 10.17 Acres of land found to be in possession of the second respondent and one Cheeroli Narayanan. The parties shall appear before the Taluk Land Board on 1/12/2009. The Taluk Land Board shall dispose of the matter as early as possible, but not later than six months from the date of receipt of a copy of this order. P.Q.BARKATH ALI JUDGE sv. CRP.No.1805/03 Page numbers