Remanded

Kallingalthody Prameela v. Taluk Land Board

Kerala HC10 Aug 2016CRP(LR)/533/2014

Case brief

AI extract

What is this about?

This revision petition challenges the Taluk Land Board's rejection of claims to exempt land from declaration due to illegible purchase certificates. The High Court set aside the order and remanded the case for fresh disposal, directing the Board to give claimants a hearing to produce documents and adduce evidence.

What did the court decide?

Order of Taluk Land Board set aside; case remanded for fresh disposal after giving claimants opportunity to produce documents and adduce oral evidence.

Kallingalthody Prameela Vs Taluk Land Board — Land Acquisition | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN

¶4

WEDNESDAY, THE 10TH DAY OF AUGUST 2016/19TH SRAVANA, 1938

¶5

CRP(LR).No. 533 of 2014

¶6

SMP 36/1997 (CR)831/73 OF TALUK LAND BOARD, NILAMBUR DATED 23-01-2014

¶7

REVISION PETITIONER(S)/CLAIMANTS NO. 24, 25, 29, 36, 38, 44,45, 46, 47, AND LEGAL HEIRS OF CLAIMANT NO. 23, 28, 30, 33, 34 & 35.:

¶8

1. KALLINGALTHODY PRAMEELA, D/O. APPUKUTTAN, AGED 48 YEARS, KALIKAVU AMSOM, THRIKKUNNASSERY DESOM, PULLANGODE- 676 525.

¶9

2. PULATH PATHUMA, D/O. CHERIYA AHAMADHKUTTY, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶10

3. CHOORAPILAN KUNHIPATHUMMA, D/O. AYAMU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶11

4. NANKUTH ABBAS, S/O. MOHAMMED, KALIKAVU AMSOM, THRIKKUNNASSERY DESOM, PULLANGODE- 676 525.

¶12

5. ALIKAL JANAKI, W/O. KOLOTHUMTHODY KANNAN, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶13

6. PONNACHMTHIDIKA MOHAMMED, S/O. KOYAKUTTY, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶14

7. PUTHIYATH PATHUMMA, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶15

8. NOUSHAD KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

....2/-

..2..

CRP(LR).No. 533 of 2014

¶20

9. KATTIKULANGARA D/O. KUNHEEN, KALIKAVU AMSOM, PULLANGODE- 676	KUNHEERUMMA, THRIKUNNASSERY DESOM, 525.
10. OTTUPURATH MAI D/O. UNNIALI, KALIKAVU AMSOM, PULLANGODE- 676	MOONA, THRIKUNNASSERY DESOM, 525.
11. HEMAMALINI, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
12. VASANTHA, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
13. SARASWATHI, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
14. PATHUMA, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
15. JAMEELA, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
16. AYISHA, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
17. HUSSAIN, KALIKAVU AMSOM, PULLANGODE- 676	THRIKUNNASSERY DESOM, 525.
18. UMMATHOOR SAFI	YA,
D/O. UMMATHOOR KALIKAVU AMSOM, PULLANGODE- 676	AYISHAKUTTY, THRIKUNNASSERY DESOM, 525.
19. UMMATHOOR MAJE	ED,
S/O. UMMATHOOR KALIKAVU AMSOM, PULLANGODE- 676	AYISHAKUTTY, THRIKUNNASSERY DESOM, 525.
20. CHAPPILADAN AL	AVI,
KALIKAVU AMSOM	THRIKUNNASSERY DESOM
, PULLANGODE- 676	, 525.

.....3/-

.3..

CRP(LR).No. 533 of 2014

¶25

21. NADUVATHKUNDIL SAJITH, S/O. SAIDALI, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶26

22. PATHUMMA, W/O. AYANIKKADAN ABU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶27

23. ABDUL RAZAK, S/O. AYANIKKADAN ABU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶28

24. MANZOOR, S/O. AYANIKKADAN ABU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶29

25. JAFAR, S/O. AYANIKKADAN ABU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶30

26. ANWAR, S/O. AYANIKKADAN ABU, KALIKAVU AMSOM, THRIKUNNASSERY DESOM, PULLANGODE- 676 525.

¶31

BY ADVS.SRI.K.C.SANTHOSHKUMAR SMT.K.K.CHANDRALEKHA

¶32

RESPONDENT(S):

¶33

1. TALUK LAND BOARD, REPRESENTED BY ITS CHAIRMAN, NILAMBUR.

¶34

2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM- 695 001.

¶35

BY SPECIAL GOVERNMENT PLEADER SRI.M.L.SAJEEV

¶36

THIS CRP (LAND REFORMS ACT) HAVING COME UP FOR ADMISSION ON 10-08-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶37

¶38

K.RAMAKRISHNAN, J.

¶39

=================== C.R.P.(L.R.) No.533 of 2014

¶40

=======================

¶41

Dated this the 10^th day of August, 2016

¶42

ORDER

¶43

The claimant Nos.24, 25. 29, 36, 38 44, 45, 46 47 and legal heirs of claimants No.23, 28, 30, 33, 34 and 35 have filed this revision against the order passed by the Taluk Land Board Nilambur in SMP No.36 of 1997 (CR) 831 of 1973 dated 23.01.2014.

¶44

The case of the revision petitioners is that they are claimant numbers 24, 25. 29, 36, 38 44, 45, 46 47 and legal heirs of claimant Nos.23, 28, 30, 33, 34 and 35. The proceedings were initiated on the basis of an application filed under Section 85(8) of Kerala Land Reforms Act by various claimants who were said to be in possession of the land ordered to be surrendered on the declaration made by the declarant Shri. Vellakkat Manakkal Govindan Bhattathiripad. The order was passed on 29.06.1984 as per order in CR 831 of 1973 of Taluk Land Board, Eranad with a

¶45

C.R.P.(L.R.) No.533 of 2014 2

¶46

direction to surrender 6.80 Acres of land which was found to be in excess. Both the State as well as the declarant filed revision before this Court as CRP No.2868 of 1984 and CRP 1742 of 1985 respectively and this Court by a common order set aside the order of the Land Board and remanded the case for fresh consideration. After remand, Land Board, Eranad passed an order dated 25.10.1994 fixing the excess land to be surrendered as 45.29 acres and the lands to be surrendered has been shown in different survey numbers. Thereafter the case was transferred to Taluk Land Board, Nilambur and as per certain orders of the Taluk Land Board, an extent of 1.11 acres of land has been deleted from the extent of the declarants' account. The petitioners and their predecessors were in possession of different extent of land as per the purchase certificate obtained from the Land Tribunal and they filed applications for exempting those properties from the account of the declarants. But, the Land Board by impugned order rejected their claims and passed the impugned order stating that the document produced by them are not legible and it is not possible to come to the

¶47

C.R.P.(L.R.) No.533 of 2014 3

¶48

conclusion that it was a valid certificate. Dissatisfied by the same, they filed the above revision.

¶49

Heard Shri. K.C.Santhosh Kumar Counsel

¶50

appearing for the revision petitioner and Shri. M.L. Sajeev Special Government Pleader (Revenue).

¶51

The Counsel for the revision petitioner submitted that in a similar matter, this Court by order in Crl. R.P. (L.R.) 323 of 2014 set aside the order of the Land Board and remanded the case for giving an opportunity for adducing their evidence. It is seen from the order that no oral evidence was adduced on either side. Further it is seen that the petitioners were obtaining possession of the property through their predecessors and some of them were claiming through other persons either as legal heirs or assignees from the legal heirs. They have produced the purchase certificates and assignment deeds before the Land Board. Some of the petitioners have not produced any documents and revision petition nos.3, 4, 5, 7, 8, 10, 11, 12 and 13, 14 to 17 , 21, 22 and 26 have not produced any documents and these persons were claiming through one Appukuttan.

¶52

C.R.P.(L.R.) No.533 of 2014 4

¶53

Some of the claimants have not produced any document. Most of the purchase certificates relied on by the claimants were found to be illegible and so the Land Board came to the conclusion that the claim of the petitioners cannot be allowed on the basis of those documents. Infact when the Land Board found that those documents are not legible, and it cannot be relieved an opportunity ought to have been given to the claimants to produce legible documents or given an opportunity to summon the documents from the concerned Land Tribunal to prove their claim. But that was not done in this case. So the court below to review the petition and also prayed for an opportunity to prove his cases.

¶54

So considering the circumstances, this Court feels that an opportunity has to be given to the claimants to prove their case by producing documents as additional evidence. For that purpose the order passed by the Taluk Land Board, Nilambur in SMP 36 of 1997 (CR 831 of 1973 dated 23.01.2014) in respect of the revision petitioners herein who are claimants 24, 25, 29, 36, 38, 44, 45, 46, 47

¶55

C.R.P.(L.R.) No.533 of 2014 5

¶56

and legal heirs of claimants 23, 28, 30, 33, 34 and 35 on the file of the Taluk Land Board Nilambur is set aside, remanded to the Taluk Land Board, Nilambur for fresh disposal after giving an adequate opportunity to them to produce documents and adduce oral evidence, if any and the Taluk Land Board is directed to dispose of the claims filed by them under 85(8) of the Kerala Land Reforms Act in accordance with law.

¶57

With the above directions and observations the Civil Revision Petition is disposed of.

¶58

Office is directed to communicate this order to the concerned court immediately.

¶59

K.RAMAKRISHNAN, JUDGE

¶60

SKV

Kallingalthody Prameela v. Taluk Land Board

Case brief

What is this about?

What did the court decide?

Kallingalthody Prameela v. Taluk Land Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Parvathi Soorya Vs Kalathil Nabesa

Vipin Lal N. Vs Narayani Amma

Bimal T. Vs Muthoot Vehicle & Asset Finance Ltd.

Vijayan Nambiar Vs Balamrishnan Chelorakuniyil

Sreedhara Varriar Vs Kappally Parvathy Varasyar

Vinod Vs Mumtaz