The revision petitioner lamented that his property has been erroneously included in the identity of the excess lands to be surrendered by the declarant. The claim was in respect of 54 cents of lands in R.S.No.167/9 in Block No.134 of Chokkad Village covered by Sale Deed No.4413/1991 of SRO, Wandoor. The application put in by the revision petitioner under Section 85(8) of the Kerala Land Reforms Act has been dismissed by the Taluk Land Board by the order impugned. 2. A reading of the impugned order of the Taluk Land Board reflects that there is an infraction of Rule 14(3) of the Kerala Land Reforms (Ceiling) Rules, 1970. Rule 14(3) mandates that the Taluk Land Board shall not reject an application without giving the applicant a reasonable opportunity of being heard. The revision petitioner has obviously not been heard by the Taluk Land Board before the impugned order is passed.
3. The petitioner asserts that he came to CRP.No.129/2012 2 know the inclusion of his lands in the account of the declarant only when he went to the Village Officer to remit the tax. The application under Section 85(8) of the Kerala Land Reforms Act deserves to be entertained and dealt with on merits if the same is filed within 60 days from the date of knowledge. Interest of justice would be met by directing the Taluk Land Board to consider the claim put in by the revision petitioner under Section 85(8) of the Kerala Land Reforms Act on merits. The impugned order is set aside for this limited purpose and the matter remitted to the Taluk Land Board, Nilambur. The Taluk Land Board shall issue notice to the petitioner as well to the declarant or his legal heir and pass final orders within a period of four months.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH, Judge.
nj.