Remanded

State of Kerala v. C.E.Krishnan Embranthiri

Kerala HC14 Feb 2008CRP/483/1997

Case brief

AI extract

What is this about?

This revision petition challenges a Taluk Land Board order in a ceiling case re-opened under Section 85(9A) of the Land Reforms Act. The Court held the order defective as it failed to state facts or discuss the verification report. The impugned order was set aside, and the matter remanded for a reasoned decision.

What did the court decide?

The order dated 08.08.1995 passed by the Taluk Land Board set aside; the matter remanded to dispose afresh and pass a reasoned order.

State of Kerala Vs C.E.Krishnan Embranthiri — Land Acquisition | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929

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CRP.No. 483 of 1997(H)

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----------------------

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( TLB NO. 1428/1973 of TALUK LAND BOARD, HOSDRUG)

REVN. PETITIONER:

STATE OF KERALA

BY GOVERNMENT PLEADER SHRI S. DILEEP.

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RESPONDENT:

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C.E. KRISHNAN EMBRANTHIRI, P.O. MADIKAL (VIA) NILESWAR, MADIKAL VILLAGE, HOSDURG.

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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K.T. SANKARAN, J.

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C.R.P. No. 483 OF 1997

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................................................................................... Dated this the 14^th February, 2008

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O R D E R

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The State of Kerala challenges the order dated 08.08.1995 passed by the Taluk Land Board in TLB.No. 1428/1973 on the file of the Taluk Land Board, Hosdurg.

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It is stated by the petitioner that the Taluk Land Board passed the final order on 27.12.1994 holding that the declarant is not liable to surrender any extent of land. The ceiling case was re-opened under section 85(9A) of the Land Reforms Act on the ground that exclusion of an extent of 12.08 acres was without any proper evidence. The order impugned was passed after re-opening the case.

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The order impugned reads as follows:

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“This is a ceiling case re-opened U/Sec.85/9A of the KLR Act. A further verification report has been obtained from the SDT (LR) Hosdurg. On the basis of the report of the Authorised Officer, the TLB held that there is no surplus land to be surrendered further in this case. Further action is therefore dropped.”

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The Taluk Land Board has not stated the facts of the case in the order. The revisional court is not in a position to understand as to how the Taluk Land Board came to the conclusion that there is no surplus land to be surrendered. A verification report submitted by the Special Deputy Tahsildar is certainly admissible in evidence. Still the Taluk Land Board has to arrive at a finding as to whether the report is acceptable on the basis of the evidence produced before it. To arrive at a conclusion as to whether the assessee holds excess land or not, it is necessary to state the facts,

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C.R.P. No. 483 OF 1997

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discuss the materials and evidence and to arrive at a conclusion . The Taluk Land Board has not followed this procedure. Therefore the order dated 08.08.1995 is set aside. The Taluk Land Board shall dispose of the matter afresh and pass a reasoned order.

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The Civil Revision Petition is disposed of as above.

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K.T. SANKARAN, JUDGE.

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C.R.P. No. 483 OF 1997

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K.T. SANKARAN, J. ........................................................

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C.R.P. No.483 of 1997

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Dated this the 14^th February, 2008

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O R D E R

State of Kerala v. C.E.Krishnan Embranthiri

Case brief

What is this about?

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State of Kerala v. C.E.Krishnan Embranthiri

Case brief

What is this about?

What did the court decide?

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