IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 CRP.No. 706 of 2008() -------------------------------- SMNO.1/2003 of TALUK LAND BOARD, OTTAPALAM .................... REVN. PETITIONER(S): ---------------------------------- 1. NABEESA UMMA, W/O.AHAMMED BAVAPPA KAROOTH VILLA, P.O.KAPPUR, OTTAPPALAM, PALAKKAD DISTRICT. 2. PATHUMMAKUTTY UMMA, W/O.MOHAMMEDALI, MARALATHIVALAPPIL, PO.CHALISSERRY, 3. UMMACHU UMMA, W/O.YUSUF @ UNNI ENHEERIVALAPPIL, CHAZHIYATTIRI (VIA) PERUNGODE. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE, ADV. SRI.S.SUJIN. RESPONDENT(S): ------------------------- 1. THE TALUK LAND BOARD, OTTAPPALAM. 2. THE TAHSILDAR, OTTAPPALAM 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. YUSUFF, S/O.KUNHAMMED HAJI ATHANIKKAL, KOTTANAD, NAGALASSERRY VILLAGE OTTAPPALAM, PALAKKAD DISTRICT. * 5. MOIDUNNY, S/O.KUNHAMMED HAJI ATHANIKKAL, KOTTANAD, NAGALASSERRY VILLAGE OTTAPPALAM, PALAKKAD DISTRICT. *(DELETED) CRP.No. 706 of 2008 6. MOHAMMED HAJI, S/O.KUNHAMMED HAJI ATHANIKKAL, KOOTTANAD, NAGALASSERRY VILLAGE OTTAPPALAM, PALAKKAD DISTRICT. * 7. KOYAMMU HAJI, S/O.KUNHAMMED HAJI ATHANIKKAL, KOOTTANAD, NAGALASSERRY VILLAGE OTTAPPALAM, PALAKKAD DISTRICT. *(DELETED) 8. ATHANIKKAL VEERAN, S/O.KUNHAMMED HAJI ATHANIKKAL,NAGALASSERRY VILLAGE OTTAPPALAM. * RESPONDENTS 5 AND 7 ARE DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS, AS PER ORDER DATED 15/10/2009 IN I.A.3018/2009. R1 TO R3 BY GOVT. PLEADER MR.M.L. SAJEEVAN. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs CRP.No. 706 of 2008 ORDER ON I.A.NO.2136/2008 IN C.R.P.NO.706/2008 DISMISSED 20/01/2011. SD/- M.N.KRISHNAN, JUDGE //TRUE COPY// P.A. TO JUDGE rs M.N. KRISHNAN,J. ........................................... C.R.P.NO.706 OF 2008 ............................................. Dated this the 20th day of January, 2011. O R D E R This revision is preferred against the order of the Taluk Land Board, Ottapalam in SM 1/03. As per the said order, the assessee was directed to surrender 46.91 acres of land. It is against that decision, revision petitioners/ daughters of the assessee have come up in revision. 2. Heard the learned counsel for the revision petitioners as well as the learned Government Pleader. I feel that the matter requires reconsideration on the following points: In para-4 of the order of the Taluk Land Board, a reference is made to the lands given to the daughters of the assessee namely Nabeesa, Pathukutti and Ummachu. If those transactions are to be upheld under the provisions of the Kerala Land Reforms Act, it cannot be taken into consideration for fixing the ceiling limit of the assessee and his family. But, unfortunately, the said question has not been considered by the Taluk Land Board. So in order to have a clear finding on that, a direction is given to the : 2 : C.R.P.NO.706 OF 2008 daughters to file detailed statements claiming right over the property and let it be adjudicated by the Taluk Land Board. 3. The next point to be considered is regarding inclusion of 4.15 acres of land given to Pokker, son of assessee which was the subject matter of S.M.249/77 booked against Pokker. The Taluk Land Board has reconsidered that issue and held that it has to be deleted from Pokker's account and included in the assessee's account. Why and how it has to be done is not at all seen from the order. If it is a permissible transaction under the Kerala Land Reforms Act, certainly the assessee would be entitled to the benefit of the same. So this matter also can be considered by the Taluk Land Board. If there are transactions which come within the ambit of section 7(E) of the amended Act 21 of 2006, such claims also have to be adjudicated by the Taluk Land Board in accordance with law. After considering all these issues the Taluk Land Board may have to redetermine the whole land which has to be possessed and excluded and revisions petitioners are granted permission to produce both : 3 : C.R.P.NO.706 OF 2008 documentary as well as oral evidence in support of their respective contentions and the matter be disposed of in accordance with law. The Taluk Land Board is directed to issue notice to the assessees fixing the date of appearance for consideration of all the points. It is made clear that the order of the Taluk Land Board is set aside to the extent indicated. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 4 : C.R.P.NO.706 OF 2008 M.N. KRISHNAN, J. ........................................... M.A.C.A/A.S/C.R.P.NO.OF ............................................. 17th January, 2011. J U D G M E N T/O R D E R