A claim petition filed by the petitioner before the Taluk Land Board was dismissed holding inter alia that the property covered by the claim petition is included in the account of the declarant and that the petitioner has not adduced evidence to establish the identity of the property covered by the deed in his favour which is executed by the declarant's brother. Mr.K.Shriharirao, learned counsel for the petitioner has drawn my attention to the Kerala Land Reforms Amendment Act 2005, particularly to Section 7 E thereof. Counsel submitted that since it has been reported by an authorised officer that the property is under the possession of the petitioner Section 7 E of the amended act will operate and the petitioner will get benefit. I am not prepared to accept this argument straight away. But it is obvious that the Taluk Land Board has not considered this aspect of the matter and particularly since the property covered by the assignment deed in favour of the petitioner was in different Survey number. At the same time since the implications of the amending statute has not been considered by the Taluk Land Board , I set aside the impugned order and direct the 1st respondentTaluk Land Board, to take a fresh decision on the claim petition after
