IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 CRP.No. 869 of 2008() -------------------------------- SR.741/1973 of TALUK LAND BOARD, PERINTALMANNA .................... REVN. PETITIONER(S): -------------------------------- 1. N.P.AYISHAKKUTTY UMMA, 70 YEARS, W/O.V.P.KUNHAHAMMED HAJI, VALIYAPEEDIKAKKAL (H), ARAKKUPARAMBA, PERINTHALMANNA TALUK. 2. V.P.YOOSUF HAJI, S/O.V.P.KUNHAHAMMED HAJI, VALIYAPEEDIKAKKAL (H), ARAKKUPARAMBA, PERINTHALMANNA TALUK. 3. V.P.MOHAMMED ASHRAF, S/O. -DO- R/AT -DO- -DO- 4. V.P.SULAIKHA, D/O. -DO- R/AT -DO- -DO- 5. V.P.HAFSA, D/O. -DO- R/AT -DO- -DO- 6. V.P.RAMLATH, D/O. -DO- R/AT -DO- -DO- 7. V.P.SAFIYA, D/O.-DO- R/AT -DO- -DO- BY ADVS. MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH MR.K.JAYESH MOHANKUMAR RESPONDENT(S): ------------------------- 1. THE TALUK LAND BOARD, PERINTHALMANNA. 2. THE TAHSILDAR, PERINTHALMANNA. 3. STATE OF KERALA - REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.P.K.RAVIKRISHNAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON 10/03/2010 PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- CRP No.869 of 2008 ------------------------------------- Dated 10th March 2010 Order In this Revision Petition filed under S.103 of the Kerala Land Reforms Act, the petitioner calls in question, the order dated 25.11.2008 in SR No.741/1973 on the file of the Taluk Land Board, Thiruvananthapuram and to have it set aside. 2. The revision petitioners are the legal heirs of the original declarant late V.P.Kunhahammed Haji. The Taluk Land Board had included 4.67 acres of land in Survey No.379/1 of Arakkuparamba village in the ceiling account of the declarant. A few persons filed petitions under S.85(8) of the Land Reforms Act, claiming certain items of properties. After allowing some of the claims by order dated 26.11.1991, the extent of property comprised in Survey No.379/1 with the declarant was reduced to 1.67 acres. In doing so, the claim of one Sri.V.P.Muhammed CRP 869/08 2 under S.85(8) of the Act was rejected by the Taluk Land Board. The said person approached this Court as per CRP No.2588/91. This Court set aside the order of the Taluk Land Board as against him and directed the Board to verify whether the 86 cents of land claimed by him forms part of 4.67 acres of land included in the account of the declarant. This Court also directed to depute an Advocate Commissioner with the assistance of the Taluk Surveyor or to permit the claimant to adduce other evidence to identify the 86 cents of land. 3. The Taluk Land Board reconsidered the matter in pursuance of the order of this Court and as directed by this Court, an Advocate Commissioner was deputed. The Advocate Commissioner submitted a report along with a survey plan prepared by the Taluk Surveyor. The report shows that the Surveyor, Perintalmanna had identified both 4.67 acres of land in Survey No.379/1 included in the ceiling case No.SR 741/73 and 86 cents of land in Survey No.379/1 possessed by Sri.V.P.Muhammed. CRP 869/08 3 4. The petitioners point out that thereafter, while making the final computation, the 86 cents of land which was found to be in the possession of Sr.V.P.Muhammed was not deducted and the petitioners were found in possession of 1.67 acres of land in Survey No.379/1. The said order is under challenge. 5. Obviously, the order, without deducting 86 cents of land from 1.67 acres of land in Survey No.379/1 cannot be sustained. The definite contention before this Court in CRP No.2588/91 was that 86 cents of land claimed by Sri.V.P.Muhammed formed part of 4.67 acres of land in the possession of Kunhahammed Haji. It was the said claim that was directed to be enquired into. The claim of Sri.V.P.Muhammed for 86 cents in his possession was part of 4.67 acres of property comprised in Survey No.379/1, which was directed to be identified by this Court. 6. After the matter was sent back to the Taluk Land Board, the Board deputed a Commissioner and the Commissioner along with the Surveyor identified the 4.67 CRP 869/08 4 acres of land which was taken to be in the possession of Kunhahammed Haji for the computation of the ceiling area. Thereafter, they identified 86 cents of land claimed by Sri.V.P.Muhammed. It was found that the 86 cents of property claimed by Sri.V.P.Muhammed was part of the 4.67 acres of land said to have been in the possession of Kunhahammed Haji. Obviously, in the final computation, along with other claimants, the area available in Survey No.379/1 was 1.67 acres. If the claim of Sri.V.P.Muhammed for 86 cents of land is allowed, the balance extent of land in Survey No.379/1 will be only 81 cents. That extent alone can be taken for computation of ceiling area of late Kunhahammed Haji. The approach of the Taluk Land Board computing 1.67 acres of land in Survey No.379/1 does not appear to be correct. 7. In the result, this Petition is allowed. The impugned order is set aside and the matter is sent back to the Taluk Land Board to determine the ceiling area of late Kunhahammed Haji after deducting 86 cents claimed by CRP 869/08 5 Sr.V.P.Muhammed in accordance with law and in the light of the observations contained herein above. P.BHAVADASAN, JUDGE sta CRP 869/08 6