IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 CRP.No. 880 of 2001(F) ---------------------- TLB.466/1973 of T.L.B.,MANANTHODY .................... REVN. PETITIONER/DECLARANT: --------------------------------------------- A.P.KUNHIRAMAN NAMBIAR AVARAYIL PUTHEN VEEDU VELLAMUNDA AMSOM AND DESOM .... DIED P.O.VELLAMUNDA, NORTH WYNAD ADDL.P2. K.N.SASIKUMAR, S/O.LATE KUNHIRAMAN NAMBIAR AVARAYIL PUTHEN VEEDU VELLAMUNDA AMSOM AND DESOM P.O.VELLAMUNDA, NORTH WYNAD ADDL.P3. K.N.VASANTHA KUMARI, D/O. LATE KUNHIRAMAN NAMBIAR ROSE VILLA, VELLAMUNDA P.O., NORTH WYNAD ADDL. PETITIONERS 2 AND 3 ARE IMPLEADED AS THE Lrs OF DECEASED REVISION PETITIONER VIDE ORDER DT.21.6.2011 IN I.A.563/11 IN CRP 880/01. BY ADV. SRI.CIBI THOMAS RESPONDENTS/RESPONDENT AND STATE: --------------------------------------------------------- 1. THE TALUK LAND BOARD, MANANTHAVADY. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, SMT. K.T.LILLY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/12/2011, THE COURT ON 14/12/2011 PASSED THE FOLLOWING: M.L.JOSEPH FRANCIS J., - - - - - - - - - - - - - - - - - - - - - - - - - - - - C.R.P. No.880 of 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of December, 2011 ORDER This C.R.P. is filed challenging the order of Taluk Land Board, Mananthavady in T.L.B.466/73 Mananthavady dated 3.11.2000. 2. The revision petitioner filed a statement under Section 85(2) of Kerala Land Reforms Act dated 18.12.72 before the State Land Board, Trivandrum and the same was transferred to Taluk Land Board North Wynad for disposal and an extent of 3.84 acres of land was ordered to be surrendered by order dated 30.3.1976 and the said land was taken possession of. 3. Thereafter in the year 1992 the petitioner received a notice purporting to be under Section 85(9A) of the Kerala Land Reforms Act after the expiry of the 16 years of the disposal of the matter. 4. Immediately the petitioner filed objection stating that the C.R.P. No.880 of 2001 : 2 : property in R.S. No.312 was a coffee plantation and that the property belonged jointly to himself and his brother who was not alive then. The property was a coffee plantation prior to 1.4.64. The property in R.S. No.647 and 623 were rubber plantations and was planted prior to 1.4.64. The ground alleged for re-opening is not maintainable at all. 5. Without considering the objections so filed by the petitioner, the matter was re-opened and the following lands were ordered to be surrendered: 1. R.S. No. 312 - 1.50 acres. 2. R.S. No. 647 - 1.08 acres 3. R.S. No. 623 - 4.97 acres. Total - 7.55 acres = = = = = = = In the order, it is stated that the said lands are to be surrendered within 7 days from the date of receipt of order. Aggrieved by that order in T.L.B.466/73 Mananthavady dated 3.11.2000, this C.R.P. is filed. C.R.P. No.880 of 2001 : 3 : 6. Heard learned counsel for the revision petitioner and the learned Government Pleader. 7. Learned counsel for the revision petitioner submitted that the revision petitioner has filed I.A. No. 2809 of 2011 before this Court for accepting two documents and that the revision petitioner is prepared to produce the original of those documents before Taluk Land Board, Manathavady, if the case is remanded. The first document is a photocopy of the certificate issued by the Secretary of Vellamunda Grama Panchayath stating the extent of 0.3441 hectares of land comprised in R.S. No.312/132 and 647 was given by the father of the revision petitioner to the Panchayath for the purpose of making Panchayath road. The second document is a copy of the certificate issued by the Regional Office of Rubber Board, Kozhikode showing that an extent of 2.19 hectares of land has been planted with rubber in the year 1960 and 1962 in R.S. Nos.647 and 623. Since the documents produced along with I.A. No.2809 of 2011 are relevant for the proper adjudication of the C.R.P. No.880 of 2001 : 4 : dispute, that I.A. is allowed. As the petitioner has produced two relevant documents, I am of the view that in the interest of justice this case has to be remanded back to the Taluk Land Board for fresh disposal in accordance with law. Accordingly this C.R.P. is allowed and the order in T.L.B. No.466/73 Mananthavady dated 3.11.2000 is set aside and the case is remanded back to the Taluk Land Board, Manathavady for fresh disposal, in accordance with law, after giving sufficient opportunity to the revision petitioner to substantiate his contentions by adducing evidence. There is no order as to costs. SD/ M. L. JOSEPH FRANCIS, (JUDGE) dl/ // TRUE COPY// PA TO JUDGE