IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 11TH JANUARY 2008 / 21ST POUSHA 1929 CRP.No. 1359 of 2004(C) ----------------------- SMP.65/1977 of TALUK LAND BOARD, PERINTALMANNA .................... REVN. PETITIONER: CLAIMANTS --------------------------- K.V.UMMER, S/O.SAIDALI HAJI, KODUVAYIKAL HOUSE, MULLYAKURISI P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.P.M.POULOSE RESPONDENTS: RESPONDENTS: ------------------------------------ 1. TALUK LAND BOARD, REP. BY ITS CHAIRMAN, PERINTHALMANNA, MALAPPURAM. 2. DISTRICT COLLECTOR, MALAPPURAM. 3. VILLAGE OFFICER, KEEZHATTUR VILLAGE, PERINTHALMANNA TALUK, MALAPPURAM. 4. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, THIRUVANANTHAPURAM. 5. PATHUMMA (FIRST WIFE), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA,MALAPPURAM DISTRICT. 6. AYOOB (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 7. ELIYAS (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. C.R.P.No.1359/2004 2 8. BALKEES (DAUGHER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM. 9. SAKARIA (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DSITRICT. 10. ISMAIL (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 11. MAYMOONA (DAUGHTER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 12. MAMAYA (DAUGHTER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 13. KAMARULAILA (DAUGHTER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 14. SULAIKHA (DAUGHTER) KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA,MALAPPURAM DSITRICT. 15. PATHUMMA( SECOND WIFE), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 16. KANHALAN(SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 17. ADAM (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 18. YOUSUF (SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 19. NOOH ( SON), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. C.R.P.No.1359/2004 3 20. HOWATHAMMA (DAUGHTER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 21. SUBAIDA (DAUGHTER), KODUVAYIKAL, THAZHEKODE P.O., PERINTHALMANNA, MALAPPURAM DISTRICT. 22. ALEEMA, (THIRD WIFE), THAZHEKKODE P.O., MALAPPURAM DSITRICT. 23. IBRAHIM (SON), THAZHEKKODE P.O., MALAPPURAM DISTRICT. 24. SALEEM (SON), THAZHEKKODE P.O., MALAPPURAM DISTRICT. 25. YOONUS (SON), THAZHEKKODE P.O., MALAPPURAM DSITRICT. 26. JAMEELA (DAUGHTER), THAZHEKKODE P.O., MALAPPURAM DSITRICT. 27. ASYA (FOURTH WIFE), KODUVAYIKAL, PANDALLUR P.O., MALAPPURAM DISTRICT. 28. KUNHIMOHAMMED (SON), KODUVAYIKAL, PANDALLUR P.O., MALAPPURAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SRI.BENJAMIN PAUL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 11/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P.No.1359/2004 4 ORDER ON I.A.No.3560/2004, I.A.Nos. 2661 & 3165/2005 IN C.R.P.No.1359/2004 DISMISSED. 11/1/2008 Sd/- HARUN-UL-RASHID,JUDGE TRUE COPY P.A.TO JUDGE HARUN-UL-RASHID,J ====================== C.R.P.No.1359 of 2004 =============-=========== Dated this the 11th day of January, 2008 ORDER The petitioner herein filed 85(8) petition before the Taluk Land Board, Perunthalmanna, claiming title over 5.65 acres of land in Sy. No.65/1A1 of Mulliakurisi Amsam, Keezhattur Village, Perinthalmanna, Malappuram District. His claim was originally rejected by the Taluk Land Board by order dated 11.4.1989. C.R.P.No.940/1989 filed by the revision petitioner and other connected civil revision petitions filed by other interested persons and declarant, this Court remanded the cases. The revised order dated 30.11.1993 passed by the Taluk Land Board pursuant to the directions issued by this Court under challenge. The learned counsel for the revision petitioner submitted that though in C.R.P.No.940/1989 and other connected cases this Court directed the Taluk Land Board to consider and pass orders on 85(8) petitions submitted by the petitioner, the Taluk Land Board did not consider the claim on merits, dismiss the same without stating any reasons. The learned counsel has taken me through the impugned order passed by the Taluk Land Board. C.R.P.No.1359/2004 2 Apart from mentioning the name of the revision petitioner and the filing of the C.R.P.No.940/1989 and the direction issued by this Court, I find there is no consideration of the contentions raised in the 85(8) petition. On behalf of the revision petitioner it is submitted that the Taluk Land Board and the officials are proceeding to take delivery of the property in the possession and enjoyment of the revision petitioner instead of taking delivery of the property retained by the assesse first. The counsel for the revision petitioner also brought to my notice the decision in Sunny v. Taluk Land Board (1981 KLT Short Notes 153 Page 85) wherein it was held that the “Taluk Land Board is not right in law in accepting the declarant's option for surrender of the lands transferred to the assignees. The assignees are entitled to claim that the excess land for surrender should be taken from the lands allowed to be retained by the declarant”. Another contention raised by the counsel that he is a bonafide purchaser for consideration and in view of the insertion of Section 7E by Act 21 of 2006, he is entitled to claim deemed tenancy under the Act. The contentions of the revision petitioner were not stated, discussed or considered by the Taluk Land C.R.P.No.1359/2004 3 Board in the impugned order. In the circumstances, a reconsideration of the matter including the new plea under Section 7E under Act 21 of 2006 is to be considered by the Taluk Land Board in the interest of justice. 2. In the result the civil revision petition is allowed. The impugned order as against the revision petitioner is set aside. There is a direction to the Taluk Land Board to reconsider the claim of the revision petitioner and pass appropriate order in accordance with law. The order shall be passed within six months from the date of receipt of a copy of this order. The civil revision petition is disposed of as above. HARUN-UL-RASHID, JUDGE dvs