Under challenge is the order in TLB (B) 1 of 2009 dated 24.10.2013 passed by the Taluk Land Board, Vadakara. After having gone through the matter, this Court finds that two petitions viz, C.R.P Nos.780 of 2013 and 87of 2014 were disposed of by this Court on 19.11.2014. The petitioners along with three others claimed to have purchased the property from the members of the kovilakom. A total extent of about 60 Acres of land was transferred by the members of Kovilakom. This Court after reconsidering the claim of the petitioners in the civil revision petitions mentioned above, allowed the petitions as follows:
“All aspects of the matter have not been considered by the Taluk Land Board in the order impugned. I set aside the impugned order in so far as it relates to the claim of the petitioners in these Civil Revision Petitions. The Taluk Land Board shall reconsider the claim under Section 7E of the Kerala Land Reforms Act, 1963 in the light of the dictum in Rajeev's case and Thomas Kurian's case afore quoted. Whether the petitioners are 'deemed tenants' in the light of the sale deed allegedly executed by the members of the Kovilakom shall be reconsidered as per law. The petitioners as well as the declarant or his legal heirs shall be put on notice and heard in the exercise. The Taluk Land Board shall pass final orders within a period of 6 months from the date of receipt of a copy of this order.”
2. The learned Government Pleader contended that the petitioners before this Court are not purchasers of the property from taravadu, but purchased from the members of the family and therefore, they are not entitled to the benefit of the Land Reforms Act. It is also contended on behalf of the State that the land has already been taken possession of and if that be so, Section 7E of the Land Reforms Act is not applicable.
3. But as already noticed, the same contentions were raised in the earlier petitions, which were not accepted by this Court and this court was pleased to hold that the matter requires reconsideration. When persons similarly were given relief, that relief cannot be declined to the petitioners in this case.
The civil revision petition is allowed as follows:
All aspects of the matter have not been considered by the Taluk Land Board in the order impugned. I set aside the impugned order in so far as it relates to the claim of the petitioners in these Civil Revision Petitions. The Taluk Land Board shall reconsider the claim under Section 7E of the Kerala Land Reforms Act, 1963 in the light of the dictum in Rajeev's case and Thomas Kurian's case afore quoted. Whether the petitioners are 'deemed tenants' in the light of the sale deed allegedly executed by the members of the Kovilakom shall be reconsidered as per law. The petitioners as well as the declarant or his legal heirs shall be put on notice and heard in the exercise. The Taluk Land Board shall pass final orders within a period of 6 months from the date of receipt of a copy of this order.
Sd/-
P.BHAVADASAN JUDGE Scl.