IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 28526 of 2003(U) -------------------------- PETITIONER: --------------- K.V.THANKACHEN, S/O.LATE SHRI K.P.VARKEY KANIAMPADICKAL HOUSE, JELLIPARA (P.O), MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. MR.SANTHEEP ANKARATH RESPONDENTS: --------------- 1. THE PALAKKAD DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD. 2. THE CHAIRMAN, TALUK LAND BOARD, MANNARKKAD, MANNARKKAD TALUK, PALAKKAD DISTRICT. GOVERNMENT PLEADER MR.P. RAVEENDRA BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).28526/03 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:-TRUE COPY OF PETITION DT.23.9.98 FILED BEFORE R1 EXT.P2:-TRUE COPY OF REPLY DT.13.10.98 ISSUED BY RDO, OTTAPALAM. EXT.P3:-TRUE COPY OF COMMUNICATION DT.24.7.99 ISSUED THROUGH PROPER CHANNEL BY THE PETITIONER'S ADMN. OFFICER TO R2 EXT.P4:-TRUE COPY OF COMMUNICATION DT.18.7.00. EXT.P5:-TRUE COPY OF LETTER DT.19.6.01 ISSUED BY R2 EXT.P6:-TRUE COPY OF LETTER DT.2.8.01 A/W CHRONOLOGY OF LETTERS SUBMITTED BEFORE R1 EXT.P7:-TRUE COPY OF LETTER DT.13.8.01 ISSUED BY RDO. EXT.P8:-TRUE COPY OF LETTER DT.23.8.01 ISSUED TO RDO, OTTAPALAM. EXT.P9:-TRUE COPY OF LETTER DT.8.1.02 ISSUED BY RDO RESPONDENT'S EXHIBITS:- NIL okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ---- -------------------------------- W.P.(C)No. 28526 OF 2003 ------------------------------------- Dated this the 9th day of June, 2009 J U D G M E N T ---------------------- 1. The petitioner is a Jawan in Indian Army. His grievance is that an extent of 2.40 Hectres of property comprised in Sy.No.1650 part, in Agali Village of Mannarkkad Taluk, which was purchased by his father in the year 1960 and with respect to which the father had obtained Purchase Certificate as per order in O.A.823/74 of the Land Tribunal, Agali, was wrongly taken possession by the Tahsildar in a ceiling case initiated against a declarant, namely Sri. K.T. Paily. In the said ceiling case the declarant was directed to surrender an extent of 27.53 Acres of land, as excess land. Pursuant to the said order when the revenue authorities had taken possession of land comprised in Sy.No.1650 of Agali Village they have mistakenly included the property owned by the petitioner's family also. The property of the petitioner is in no way connected with the property of the declarant or his family members. On coming to know about this mistake, the petitioner submitted Ext.P1 request to the 1st respondent District Collector for restoration of possession of the petitioner's property, which was wrongly taken into possession. In Ext.P2 reply the Revenue Divisional Officer informed him that W.P.(C).28526/03 2 Ext.P1 has already been transmitted for consideration of the Chairman, Taluk Land Board, Mannarkkad, who is the Deputy Collector (H), Palakkad. In the said letter it is indicated that the appropriate authority to be approached in the matter is the Taluk Land Board, under the provisions of S.85(8) of the Kerala Land Reforms Act, 1963. On receipt of Ext.P2 the petitioner submitted Ext.P3 letter to the Chairman of the Taluk Land Board requesting him to take steps for release of the property wrongly taken possession. Since there was no response, he made further representations to the District Collector as evidenced by Ext.P4. But the Taluk Land Board, vide Ext.P5 letter, had intimated the petitioner to take up the matter with the District Collector, because there is no case pending before the Taluk Land Board with respect to surrender of the excess land and because the Taluk Land Board is not responsible for the wrongful act of taking possession of the property of the petitioner. Eventhough the petitioner thereafter approached the District Collector on various occasions, nothing positive was done in the matter. The Revenue Divisional Officer on the other hand instructed the petitioner through Ext.P7 to pursue remedies as suggested by the Taluk Land Board. 2. Heard the learned counsel appearing for the petitioner and the learned Government Pleader on behalf of the respondents. The respondents in their counter affidavit admit W.P.(C).28526/03 3 that the petitioner's land is in no way connected with the land to be surrendered by the declarant in the ceiling proceedings. But the specific contention taken in the counter affidavit is that the matter can be resolved only by a proceedings of the Taluk Land Board in its powers vested under S.85(8). According to the respondents, eventhough the petitioner was instructed on several occasions, he has not filed any proper application before the Taluk Land Board. 3. It is evident that the property belonging to the petitioner's family is in no way liable to be taken possession in pursuance to the ceiling case initiated against Sri.K.T.Paily. Therefore it is evident that the taking over of possession of land belonging to the petitioner's family may be only due to a mistake in identifying the property. However, S.85(8) of the Kerala Land Reforms Act enables persons like that of the petitioner to approach the Taluk Land Board to get any such action taken against the properties set aside. Therefore, it was not proper on the part of the Taluk Land Board to relegate the petitioner to any other authority. For the Taluk Land Board to dispose of a claim under Section 85(8), it is not necessary that any case connected with the fixation of excess land is pending. It is evident from Ext.P2 that a petition dated 23.9.1998 submitted by the petitioner in this regard is already forwarded to the Taluk Land Board by the Revenue Divisional Officer. The Taluk Land Board W.P.(C).28526/03 4 ought to have adjudicated the matter on the basis of the said petition. There is a clear failure in this regard on the part of the Taluk Land Board. 4. In the facts and circumstances of the case I feel that it is only just and proper to relegate the petitioner to the Taluk Land Board under S.85(8) of the Kerala Land Reforms Act. Therefore the petitioner is directed to submit a fresh petition under S:85(8) of the Kerala Land Reforms Act before the 2nd respondent within a period of three weeks from today. The 2nd respondent is directed to place the matter for consideration of the Taluk Land Board and to take a final decision thereon after affording an opportunity of hearing to the petitioner, as early as possible, at any rate within a period of three months from the date of receipt of such petition. 5. It is submitted that the land in question has not yet been distributed to any landless people under the provisions of the Kerala Land Reforms Act or Rules framed thereunder. Therefore the respondents are directed to keep status quo with respect to possession of land until a final decision is taken by the Taluk Land Board as directed above. The writ petition is disposed of as above. C.K.ABDUL REHIM, JUDGE. okb