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Elizabeth Samuel vs State Of Kerala

High Court Of Kerala|05 June, 2014
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JUDGMENT / ORDER

The petitioner claims title and possession over 35 Ares of land in Survey No.63/9 of Thekkekara Village. The petitioner claims to have purchased the property by Sale Deed No.2238/1995 from one Kamalasanan. Kamalasanan is stated to be the assignee of the property from one Raghavan Pillai by Sale Deed No.1326/1993. Raghavan Pillai is stated to have obtained a certificate of purchase as per O.A.No.378/1981. 2. The petitioner filed an application under Section 85(8) of the Kerala Land Reforms Act. This was to set aside the order of the Taluk Land Board in so far as it relates to her land. But there has been a perfunctory disposal of the petition put in by the petitioner in this regard. No opportunity as enjoined under Rule 14(2) of the Kerala Land Reforms (Ceiling) Rules is seen to have been afforded. There is no finding that the basic certificate of purchase is in any way vitiated due to inaccuracy on its face.
3. I set aside the impugned order and remit CRP (LR) No.159/2013 2 the matter to the Taluk Land Board, Chengannur. The Taluk Land Board shall issue notice to the petitioner as well as the declarants. The proceedings shall be taken to a logical end within a period of four months. The petitioner shall not be dispossessed in the meanwhile.
The Civil Revision Petition is allowed.
nj.
V.CHITAMBARESH, Judge.
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Title

Elizabeth Samuel vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
05 June, 2014
Judges
  • V Chitambaresh
Advocates
  • R Rajasekharan Pillai
  • Smt Sabina Jayan