Allowed

Suresh Nk v. the Taluk Land Board

Kerala HC6 Mar 2024WP(C)/10315/2023

Case brief

AI extract

What is this about?

The High Court of Kerala set aside the rejection order against the petitioner's application under Section 7E of the Kerala Land Reforms Act. The Court reinstated the petitioner's right to file a fresh application before the Taluk Land Board within two weeks. It directed the authority to dispose of the matter within three months, citing a government decision to extend time limits.

What did the court decide?

Ext.P9 set aside. Petitioner granted two weeks to file a fresh application. Authority directed to dispose of the application within three months thereafter.

Suresh Nk Vs the Taluk Land Board — Land Acquisition | Kerala HC (2024)

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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 VIJU ABRAHAM

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WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945

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WP(C) NO. 10315 OF 2023

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PETITIONER:

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SURESH NK, S/O LATE NS KUMARAN, AGED 50,
18/457, RAJESWARI NAGAR,
MARAPPALAM, MADHUKKARA, COIMBATORE,
TAMIL NADU., PIN - 641105

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BY ADVS.
SAJAN VARGHEESE K.
LIJU. M.P
JOPHY POTHEN KANDANKARY

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RESPONDENT:

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THE TALUK LAND BOARD REP. BY THE CHAIRMAN,
REVENUE DIVISIONAL OFFICE, PALAKKAD.,
PIN - 678001

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OTHER PRESENT:

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- DEEPA V.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.03.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) No.10315 of 2023

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VIJU ABRAHAM, J.

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................................................................. W.P (C) No.10315 of 2023

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Dated this the 06^th day of March, 2024

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JUDGMENT

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Petitioner has approached this Court aggrieved by Ext.P9 whereby

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the application under Section 7E of the Kerala land Reforms Act was rejected by the respondent. Petitioner has purchased 0.0243 hectares (6 cents) of land comprised in block no.34 and survey no.52/19 (old survey no.657/2&3) of Pudussery Central Village as per Ext.P1. Petitioner later came to know that the said property is covered under the excess land of one Ammukutty in terms of LB No.541/1973 on the file of the respondent. Thereupon petitioner has submitted Ext.P8 application under Section 7E of the Kerala Land Reforms Act, which was rejected as per Ext.P9 order stating that the time limit fixed for submitting the application has already expired.

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When the matter was taken up for consideration the learned Government Pleader upon instruction submitted that the Government of Kerala has decided to extent the time limit allowable for filing applications under Section 7E to 120 months from the date of publication

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of Land Reforms (Tenancy) Amendment Rules, 2015 in the gazette by

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WP(C) No.10315 of 2023

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amending Sub-rule (1) of Rule 122A of the Kerala Land Reforms (Tenancy) Rules, 1970 as per gazette notification issued vide SRO no.564/2023 dated 06.05.2023 and therefore no direction need be issued for considering applications under Rule 122A of the Kerala Land Reforms (Tenancy) Rules, 1970. Thereupon petitioner submits that he will file a fresh application in this regard before the proper authority. Learned Government Pleader upon instruction submitted that the proper authority to consider the same is the Taluk Land Board, Palakkad, Thrissur Zone, Camp Office, Palakkad.

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In view of the same, Ext.P9 is set aside. Two weeks time from the date of receipt of a copy of the judgment is granted to the petitioner to file a proper application before the said authority. If such an application is filed, the same shall be considered and disposed of by the said authority within an outer limit of three months thereafter.

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Writ petition is disposed of as above.

Sd/-

VIJU ABRAHAM

JUDGE

cks

WP(C) No.10315 of 2023

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APPENDIX OF WP(C) 10315/2023

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PETITIONER EXHIBITS

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Exhibit P1TRUE COPY OF THE DEED NO.3322/2008 OF
SRO, PALAKKAD DATED 16-04-2008 .
Exhibit P2TRUE COPY OF THE PURCHASE CERTIFICATE
NO.93/1984 ISSUED ON 21-05-1984 BY THE
LAND TRIBUNAL, COYALMANNAM
Exhibit P3TRUE COPY OF DEED NO.967/1997 OF SRO,
PALAKKAD DATED 17-02-1997.
Exhibit P4TRUE COPY OF THE DEED NO.5888/2004 OF
SRO, PALAKKAD DATED 11-10-2004 .
Exhibit P5TRUECOPYOFTHEENCUMBRANCE
CERTIFICATE ISSUED IN RESPECT OF THE
PROPERTY COVERED IN EXHIBIT P1 DATED
17-11-2004 .
Exhibit P6TRUE COPY OF THE TAX RECEIPT DATED 09-
04-2008 ISSUED IN THE NAME OF THE
ASSIGNEE IN EXHIBIT P4 .
Exhibit P7TRUE COPY OF THE TAX RECEIPT DATED 11-
04-2008 ISSUED IN THE NAME OF THE
ASSIGNEE IN EXHIBIT P4.

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Exhibit P8TRUE COPY OF THE APPLICATION DATED 24-
09-2022SUBMITTEDBEFORETHE
RESPONDENT.
Exhibit P9TRUE COPY OF THE LETTER DATED 08-11-
2022 ISSUED BY THE RESPONDENT TO THE
PETITIONER.

Suresh Nk v. the Taluk Land Board

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Suresh Nk v. the Taluk Land Board

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