The petitioner is not a party to the order dated 28.02.2013 of the Taluk Land Board impugned in this Civil Revision Petition. She contends that the identity of excess lands directed to be surrendered in Sy. Nos. 1064/5, 1065/5 and 1066/5 takes in the property covered by the certificate of purchase No. 494/1976. The said certificate of purchase issued to her by the Land Tribunal, Coyalmannam takes in a larger area of land of extent 4.82 acres.
2. The petitioner was an allottee under a partition deed (document No. 3362/1973, SRO, Palakkad) executed in the family of extent 4.82 acres. She contends that the partition deed was construed as a gift deed since she had no pre-existing right over the property. Reliance is placed in this regard on the decision in Ponnu Vs. Taluk Land Board [1981 KLT 780].
3. The revision petitioner points out that the lands so allotted was exempted under Section 84(1A) of the Kerala Land Reforms Act, 1963 in the earlier orders. The orders dated 08.09.1980 and 02.02.2006 of the Taluk Land Board treating the transfer as a gift are relied on.
4. The petitioner further contends that she was a major as on 01.01.1970 as per the certificate issued by the Parish priest. Even her younger sister Victoria had been found to be a major on 01.01.1970 on the basis of extract of admission register. The plea in essence is that there is an attempt to rope in the property allotted to her under the partition deed as excess lands of the assessee.
5. I find that the assessee or his legal heirs have not been impleaded in this Civil Revision Petition. Even the sister of the petitioner at whose instance the impugned order was passed has not been impleaded. The remedy of the petitioner (if she has not been heard) is to move under Section 85(8) of the Kerala Land Reforms Act, 1963 only.
6. The petitioner is free to make a motion before the Taluk Land Board under Section 85(8) of the Kerala Land Reforms Act, 1963. Any such motion made within one month from today shall be dealt with after notice to the interested parties. Every endeavour shall be made to pass final orders on the application if any filed by the petitioner within a period of four months.
The Civil Revision Petition is disposed of. No costs.
ncd V. CHITAMBARESH JUDGE