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Annakutty Chamanatt

High Court Of Kerala|10 December, 2014
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JUDGMENT / ORDER

----------------------- The petitioner submit that the property owned by them has been erroneously included in Land Board proceedings in a Ceiling matter in the account of One Chacko Joseph. The petitioner submits that above property has nothing to do with above Joseph. The petitioner filed Exts.P5 to P8 applications and this was rejected as per Ext.P9. The above property is treated as the property of Joseph. This Court in Ext.P10 challenging Ext.P1 order observed that challenge cannot be entertained under Article 227 of the Constitution and the petitioner has an alternate remedy by way of revision. That does not mean the Taluk Land Board cannot take a decision independently as to the claim of the petitioner. The application is purported to have been filed under Section 85 (9) of the Kerala Land Reforms Act. Therefore, an independent decision shall be taken after adverting to the petitioner’s claim under section 85 (9). Therefore, untrammelled by any observation in W.P.(C).No.33250 of 2014 2 Ext.P10, a meritorious decision shall be taken within a period of three months under Section 85 (9) of the Kerala Land Reforms Act. Till then status quo shall be maintained.
The writ petition is disposed of as above.
Sd/
A.MUHAMED MUSTAQUE, JUDGE jm/
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Title

Annakutty Chamanatt

Court

High Court Of Kerala

JudgmentDate
10 December, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • S O Late