IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 CRP.No. 2295 of 1997(I) ----------------------- (SMP.306/1976 of TALUK LAND BOARD, PERINTALMANNA) .................... REVN. PETITIONER/APPLICANT: ----------------------------------------------- PATHUMMA, W/O.LATE KUHUMUTTY, ALIAS KUNHAPPA, EDAPETTA AMSOM, EDAPETTA, PERINTHALMANNA BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE RESPONDENTS/RESPONDENTS: ---------------------------------------------- 1. THE TALUK LAND BOARD, PERINTHALMANNA. 2. THE TAHSILDAR, PERINTHALMANNA. 3. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. T.K.CHERIA AHAMEDKUTTY, EDAPETTA, PERINTHALMANNA. THE FOURTH RESPONDENT IS REMOVED FROM THE PARTY ARRAY, VIDE ORDER DATED 19.12.97 ON CMP. 4599/97 IN CRP 2295/97. BY SPECIAL GOVERNMENT PLEADER, SRI.M.L.SAJEEVAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.N. KRISHNAN, J. ........................................... C.R.P.NO.2295 OF 1997 ............................................. Dated this the 3rd day of January, 2011. O R D E R This revision is preferred against the order of the Taluk Land Board, Perintalmanna in SMP.No.306/1976. The case of the applicant is that she is holding an extent of 3 cents of land in RS.No.7/3, 91 cents in RS.No.22/2 and 93 cents in RS.No.20/1 of Edapetta amsom. It was obtained by her husband by a sale deed dated 2029/74 from a stranger and the 4th respondent declarant had no possession or right over the said land at present. She also died during the pendency of the revision and her legal representatives are impleaded by virtue of R.P.No.292/2007 and therefore the legal representatives will be the supplemental revision petitioners 2 to 7. 2. Though various contentions are raised, the point that had been strongly raised before me is with respect to the validity of document No.2029/74. By virtue of the amendment to the Kerala Land Reforms Act and introduction of Section 7E, certain persons, who had acquired lands, are deemed to be tenants provided they satisfy certain conditions. : 2 : C.R.P.NO.2295 OF 1997 Since the matter has not attained finality and the land is not taken possession of, certainly being a pending matter, supplemental revision petitioners are entitled to raise the plea regarding protection under Section 7 E. Unfortunately this provision was not available when the original order was passed, but it has come into being during the pendency of the civil revision petition. Therefore the matter has to go back and the Taluk Land Board has to consider the validity of document No.2029/74 which is claimed by the supplemental revision petitioners in view of Section 7E of the Kerala Land Reforms Act. 3. Therefore, the order under challenge is set aside and the matter is remitted back to the Taluk Land Board for consideration with respect to the benefit which the revision petitioners are entitled to by virtue of the amended provisions of Section 7 E of the Kerala Land Reforms Act with respect to the property obtained by document No.2029/74 under Act 21 of 2006. The Taluk Land Board shall intimate the parties fixing the date of appearance. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : C.R.P.NO.2295 OF 1997 M.N. KRISHNAN, J. ........................................... C.R.P.NO.2295 OF 1997 ............................................. 3rd January, 2011. O R D E R