Single-line order granting the applicant one more opportunity to produce documents regarding a land claim under the Kerala Land Reforms Act, setting aside the rejected claim and remanding the case.
Civil Revision Petition allowed; Impugned order set aside; Matter remanded to Taluk Land Board for fresh disposal after production of documents by applicant.
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.RAMAKRISHNAN
THURSDAY, THE 6TH DAY OF OCTOBER 2016/14TH ASWINA, 1938
CRP(LR).No. 397 of 2016 ()
--------------------------TLB 1161/1973/TBA of TALUK LAND BOARD, TALIPARAMBA -------
REVISION PETITIONER/APPLICANT :
-----------------------------
MUHAMMED ASHRAF, AGED 60 YEARS, S/O. ALIPPI HAJI, RESIDING AT 'ZUHASH', PUSHPAGIRI, TALIPARAMBA P.O., TALIPARAMBA AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT.
BY ADVS.SRI.V.A.SATHEESH SRI.V.T.MADHAVANUNNI
RESPONDENT(S)/STATE :
1. TALUK LAND BOARD
2. THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 & R2 BY SENIOR GOVERNMENT PLEADER
SRI.JOHNSON M.I.
THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR ADMISSION ON 06-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
bp
K. RAMAKRISHNAN, J.
.................................................. C.R.P.(LR).No.397 of 2016
....................................................... Dated this the 6th day of October, 2016.
O R D E R
The revision petitioner is a claimant before the Taluk Land Board, Thaliparamba in TLB.No.1161/73/TBA which was initiated by the authorities under section 85 of the Kerala Land Reforms Act against one V.J. Mathai,Vayalil, Kalapurayil, Arunapuram, Palai, on the basis of the ceiling return filed by him and after enquiry, the said Mathai was directed to surrender 48.33 ½ acres of land. The declarant filed CRP.No.3846/1976 before this court against the order dated 31.7.1976 and this court by order dated 19.9.1978 disposed of the revision as follows:
“xxx I therefore directed that if the petitioner filed a statement before the Taluk Land Board within one month from today specifying the portion of the land he would like to surrender, that authority will consider the same and accept it subject to the provisions of section 85(6) and suitably modify its order xxx ”.
survey No.68/1 of kulathoor desom of Chuzhali village of Taliparamba taluk and accordingly the land was taken
C.R.P.(LR).No.397 of 2016 2
possession by the Tahsildar on 24.5.1979 and 16.4.1979 respectively. The respondents herein filed a claim petition under section 85(8) of the Kerala Land Reforms Act stating that they are in possession of 5.02 acres of and in Sy.No.68/1C of Kulathoor desom and Chuzhali amsom and a portion of the property was included in the ceiling return wrongly and so, that will have to be excluded. The petition was forwarded to the authorised officer for enquiry and on the basis of the authorised officer's report, it was seen that the purchase certificate does not contain Sy.No.68/1C and the Taluk Land Board rejected the claim filed by the petitioner as per order dated 27.2.2008 which was challenged by the petitioner by filing CRP.No.477/2008 before this court and this court allowed the revision and remanded the matter after setting aside the order of the Taluk Land Board dated 27.2.2008 and directed the Taluk Land Board to conduct fresh enquiry and pass appropriate orders after affording opportunity to the revision petitioner to produce all evidence. As per order, a notice has been issued on 15.2.2012 directing the petitioner to produce documents and though he entered appearance. So the Taluk Land Board has passed the impugned order rejecting the claim filed by the petitioner under section 85(8) of the Kerala Land Reforms Act which is being challenged by the petitioner by filing this revision.
3
C.R.P.(LR).No.397 of 2016
property belonging to the declarant Mathai was surrendered as per the order passed in TLB/1161/73/TBA and option statement as directed by this court was submitted by the declarant and on that basis, the property was taken over by the Government. It is thereafter during 2009 that the petitioner filed the claim petition claiming to be in possession of a portion of the property covered by the order of surrender and seeking exemption of that portion. Earlier the petition was dismissed by order dated 27.2.2008 which was challenged by the petitioner by filing CRP.No.477/2008 before this court and this court has allowed the revision and remanded the matter for giving opportunity to
C.R.P.(LR).No.397 of 2016 4
the petitioner to adduce evidence and dispose of the same afresh. But it is seen from the order that on 15.2.2012 a notice has been issued to appear on that day and produce the documents and the petitioner was represented through counsel. But in spite of opportunity given on subsequent dates, the documents were not produced, so passed the impugned order. But this fact was disputed by the petitioner. It cannot be said that there was no laches on the part of the revision petitioner in prosecuting the case. However, considering the nature of dispute involved, this court feels that one more opportunity can be given to the petitioner to prove the case claimed by him in the claim petition filed by him under section 85(8) of the Kerala Land Reforms Act.
So, the Civil Revision Petition is allowed and the order passed by the Taluk Land Board is set aside and the revision is remanded back to the Taluk Land Board, Taliparamba for fresh disposal in accordance with law. The revision petitioner is directed to appear before the Taluk Land Board, Taliparamba on 14.11.2016 and produce all necessary evidence which he wants to rely on on the date posted for his appearance itself and on the basis of the documents, if any produced, if the petitioner wants any oral documents, he may be permitted to adduce oral evidence on that aspect. The Taluk Land Board, Taliparamba shall dispose
C.R.P.(LR).No.397 of 2016 5
of the matter as expeditiously as possible, at any rate, within 4 months from 14.11.2016 on which date the revision petitioner is directed to appear before that authority. No further notice need be given to the revision petitioner as he is bound to appear before the Taluk Land Board on the date fixed by this court.
With the above directions and observations, this revision is disposed of.
Sd/
K. RAMAKRISHNAN, JUDGE.
cl
3 issues framed by the court
Whether the revision petitioner was given sufficient opportunity to produce documents before the Taluk Land Board rejected the claim under section 85(8).
Whether the petitioner can be granted an additional opportunity to adduce evidence after the impugned order rejecting the claim.
Whether to set aside the order of the Taluk Land Board and remand the matter for fresh disposal.
1 provisions across 1 enactments
MUHAMMED ASHRAF
TALUK LAND BOARD
THE STATE OF KERALA
K. RAMAKRISHNAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
