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Fathima Maluk

High Court Of Kerala|02 December, 2014
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JUDGMENT / ORDER

The Taluk Land Board by orders dated 31.01.1976 and 30.09.1992 held that the declarant has no excess land to surrender. It was so held after finding that 18 acres out of the total extent of 30 acres of land is a rubber plantation liable to be exempted. But the Taluk Land Board in the proceedings after re- opening by order dated 20.03.2012 held that the declarant has to surrender 4.04.75 hectares as excess land.
2. The revision petitioner claims to be an assignee of
5. 10 acres of land from one Mr. Surendran under a sale deed (Document No. 827/1988, SRO, Nedumangad). The said Surendran is said to be an assignee from the declarant under a sale deed (Document No. 1091/1978, SRO, Nedumangad). The revision petitioner contends that he obtained title and possession to the land at a time when the property was treated as falling in the exempted category.
C.R.P.(L.R.) No. 203 of 2013 2
3. The claim of the revision petitioner deserves to be dealt with under Section 7E of the Kerala Land Reforms Act, 1963. The same has to be considered in the light of the decisions in Rajeev v. District Collector [2014 (4) KLT 209] and State of Kerala v. Thomas Kurian [2014 (4) KLT 417]. The revision petitioner, his predecessor in interest as well as the legal heirs of the declarant have to be put on notice.
4. The impugned order of the Taluk Land Board is set aside and the matter remanded to the Taluk Land Board for the limited purpose as above. Final orders shall be passed by the Taluk Land Board within a period of four months from the date of receipt of a copy of this order.
The Civil Revision Petition is disposed of. No costs.
V.CHITAMBARESH JUDGE DCS
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Title

Fathima Maluk

Court

High Court Of Kerala

JudgmentDate
02 December, 2014
Judges
  • V Chitambaresh
Advocates
  • N N Sugunapalan