In a writ petition challenging an order by the Taluk Land Board regarding ceiling action, Justice K.T. Sankaran dismissed the appeal, holding that the petitioner suppressed material facts and had no valid ground to contest the order that confirmed the land as vested in the Government.
The Original Petition was dismissed. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
TUESDAY, THE 6TH MARCH 2007 / 15TH PHALGUNA 1928
OP.No. 6290 of 2000(W)
----------------------
PETITIONER:
KANDOTH AHAMMED. S/O. LATE PERUNTHAYIL MAMMED HAJI, KANDOTH HOUSE, ARALAM P.O., KANNUR DISTRICT.
BY ADV. SRI.S.ABDUL SALAM
ADV. SRI.ANTONY MUKKATH
RESPONDENTS: -----------------------
BY GOVERNMENT PLEADER ADV. SHRI MANOJ KUMAR.
THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/03/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ORDER ON C.M.P.No. 10590 OF 2000 IN O.P. 6290 OF 2000
DISMISSED.
05.03.2007
SD/- K.T. SANKARAN, JUDGE.
APPENDIX
PETITIONER'S EXHIBITS:
Ext. P1 : TRUE COPY OF THE ORDER OF THE FIRST RESPONDENT IN TLB NO. 907/73 (TLY) DATED 30.08.1976. Ext. P2 : TRUE COPY OF THE REPRESENTATION DATED 21.02.1979 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
Ext. P3 : TRUE COPY OF THE JUDGMENT DATED 27.02.1979 OF THE HONOURABLE HIGH COURT OF KERALA IN O.P.NO. 661 OF 1979.
Ext. P4 : TRUE COPY OF THE REPORT NO.C.5.1684/79 DATED 15.06.1979 OF THE THIRD RESPONDENT. Ext. P5 : TRUE COPY OF THE NOTICE NO. TLB. 558/73/TLY DATED 02.05.1995 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER.
Ext. P6 : TRUE COPY OF THE ORDER NO. TLB 558/73/TLY DATED 27.07.1999 PASSED BY THE FIRST RESPONDENT.
RESPONDENTS' EXHIBITS :
Ext. R1(a) : A TRUE COPY OF CEILING REUTRN FILED BY THE PETITIONER . Ext. R1(b) : A TRUE COPY OF REPORT OF THE TAHSILDAR. Ext. R1(c) : TRUE COPY OF CEILING RETURN PRODUCED BY THE PETITIONER. Ext. R1(d) : A TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER DATED 19.07.1996. Ext. R1(e) : A TRUE COPY OF ORDER OF TAHSILDAR TLB. 907/73/TLY DT. 02.02.1984.
/true copy/
P.A. TO JUDGE
K.T. SANKARAN, J.
O.P. No. 6290 OF 2000
................................................................................... Dated this the 6th March, 2007
J U D G M E N T
Ceiling case No. 558 of 1973 was initiated by the Taluk Land Board, Thalassery against Mammed Haji, the father of the petitioner on the basis of Ext. R1(a) ceiling return filed by him under section 85A of the Kerala Land Reforms Act. A final order was passed in the ceiling case on on 30.06. 1977 holding that Mammad Haji is liable to surrender an extent of 7.78 acres of land. An extent of 2.68 acres in R.S.No.2/1 of Aralam village is also included in the extent of 7.78 acres of land directed to be surrendered by Mammad Haji. Mammad Haji challenged the order of the Taluk Land Board in C.R.P.No. 2658 of 1977. That Revision was dismissed. The excess land except an extent of 35 cents of land was taken possession on 22.02.1979.
O.P. No. 6290 OF 2000
2
He has not claimed that the aforesaid extent of 2.68 acres is in his possession. Ext. R1(d) statement was filed by the petitioner in T. L. B. No. 907 of 1973 in which he was the declarant , stating that he has sold 2 acres of land in R.S.2 to one Kadeesumma . In that statement he made it clear that in R.S.No.2, he is in possession of only an extent of 43 cents. Ext. P1 order was passed in TLB.907 of 1973. Ext.P1 produced along with the Original Petition is not a complete document . The schedule of properties are not seen attached to Ext. P1.
O.P. No. 6290 OF 2000
3
respondent proceeded to re-open the case for re-consideration on the basis of Ext.P4 report dated 15.06.1979 submitted by the Tahsildar. This contention is factually incorrect as is clear from Ext.R1(e) proceedings of the Taluk Land Board dated 02.02.1984. It is stated in Ext. R1(e) that the petition dated 21.02. 1979 was filed by the petitioner and he also filed O.P.661 of 1979 before the High Court, and the High Court disposed of O.P. 661 of 1979 directing the Taluk Land Board to dispose of the petition dated 21.02.1979, and that pursuant to that order, the case was being taken up . It is recorded in Ext.R1(e) thus:
“The petition when came up for hearing before the Taluk Land Board on 02.02.1984, the Advocate for the petitioner represented that the petitioner has no contention to agitate, and that the petition in question is not pressed. The petition is recorded accordingly.”
In view of Ext. R1(e), the averments in the Original Petition that Ext. P2 is not disposed of are absolutely baseless.
O.P. No. 6290 OF 2000
4
Land Board found that in fact 2.68 acres in R.S.2/1 was already taken possession of in 1979 . Ext. P4 report would indicate that a balance extent of 3.03 acres has to be taken possession from the declarant Mammad Haji (father of the petitioner). Taluk Land Board found in Ext. P6 order that the Tahsildar had submitted a report dated 12.10.1984 stating that an extent of 3.03 acres is still to be taken possession of on a mistaken impression and without taking note of proceedings dated 22.02.1979 indicating that the 2.68 acres of land was taken possession of from R.S.2/1. The Taluk Land Board concluded that in view of the facts and circumstances , further proceedings are to be taken by the District Collector and the Taluk Land Board in respect of 2.68 acres in R.S. 2/1, which was taken possession of on 22.02.1979 and that it has become vested absolutely in the Government . The Taluk Land Board also directed that the balance extent shall be taken possession of from R.S. 147, for which nobody has raised any objection and all agreed that the said extent can be taken possession of from R.S. 147.
5
O.P. No. 6290 OF 2000
The Original Petition lacks merits and it is dismissed. No order as to costs.
K.T. SANKARAN, JUDGE.
lk
K.T. SANKARAN, J.
O.P. No. 6290 OF 2000
Dated this the 6th March, 2007
J U D G M E N T
3 issues framed by the court
Whether the petitioner is entitled to challenge the order of the Taluk Land Board regarding the vesting of possession of excess land when he suppressed material facts and did not press his earlier rep
Whether the petitioner is in possession of 2.68 acres of land in R.S.No.2/1 as claimed, given the findings that the land was taken possession in 1979.
The propriety of dismissing the writ petition on the ground of suppression of material facts and lack of merit.
1 provisions across 1 enactments
Kandoth Ahammed
The Taluk Land Board, Tellicherry
The District Collector, Kannur
The Tahsildar, Tellicherry
State of Kerala
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
