----------------------- Petitioners property is situated in 64/1 of Akappadom Village having an extent of 3 Acre 70 cents was the subject matter of ceiling proceedings in Taluk Land Board. This was obtained from Jenmi in the year 1960. According to the petitioner by mistake an extent of 2 Acres 29 Cents of land was exempted from the ceiling case of land lord on account of mistake occurred in Purchase Certificate. Subsequently he obtained Purchase Certificate with respect to remaining extent of land. Therefore, the petitioner filed a claim before the Taluk Land Board under Section 85 (8) of Kerala Land Reforms Act in respect of the remaining 1 Acre 41 cents. This was rejected. Aggrieved by Ext.P2 order, the petitioner has approached this Court and this Court set aside the order of Taluk Land Board and held that petitioner is entitled to 3 Acre 70 cents of land as per the purchase certificate. Petitioner’s case is that in spite of the order of this Court in C.R.P.No.992 of 2000 and in W.P.(C).No.27202 of 2014
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W.P.(C) No.22786 of 2009, no steps have been taken by the respondents to receive basic tax from the petitioner. This Court in W.P.(C) No.22786/2009 directed the Tahsildar to take a final decision on the matter after obtaining a report from the Taluk Land Board. However it is pertinent to note that though judgment was rendered on 11.08.2009, the issues have not been concluded so far.
2. The learned Government Pleader on instructions would point out that an extent of 1 Acre 41 cents of land in Resurvey No.64/1 was taken possession from the petitioner. Petitioner’s case is that he is entitled for 3 Acre 70 cents of land. The difficulty has arisen because of the reason that 1 Acre 41 cents of land is shown in possession of revenue and therefore, the revenue officials find it difficult to accede to the request. This Court had directed the Tahsildar to take a decision.
3. Considering the facts and circumstance, 1 Acre 41 cents of land shall be restored to the petitioner and necessary changes shall be effected in revenue records. This shall be done within a W.P.(C).No.27202 of 2014
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period of two months from the date of receipt of a copy of this judgment. Thereafter basic tax shall be accepted from the petitioner to the entire extent of property having an extent of 3 Acre 70 cents in Resurvey 64/1 of Akappadam Village without any further delay.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/