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Revision vs By Adv. Sri.M.C.John

High Court Of Kerala|09 March, 2000

JUDGMENT / ORDER

Thomas Chacko and Renu Thomas, the revision petitioners in C.R.P.Nos.322 and 327 of 2012 respectively. They are the legal heirs of Smt.Elizabeth Iype, the original declarant in Ceiling Case No.C8(SM) 8/79/Thiruvalla on the file of the Taluk Land Board, Thiruvalla. Since the revision petitions are related, they are disposed of by a common order.
2. The short question is whether the petitioners' option to surrender 1.59 acres of land in Re-survey No.11/3 of Balussery Village in compliance of the impugned order shall be directed to be accepted or not.
3. In the ceiling proceedings against the petitioners' predecessor- in-interest and, thereafter, against the petitioners, the Taluk Land Board, Thiruvalla directed the petitioners to surrender land in Re-survey Nos.149/18, 149/16 in Peringara Village in Thiruvalla Taluk. These revision petitions are filed mainly feeling aggrieved by the direction to surrender the above land. The petitioners have a case that there is a residential house in the above property and they are residing there with their family. It is the case of the petitioners now only 1.59 acres alone need be C.R.P.(LR).Nos.322 & 327 of 2012 -:2:- surrendered. They now offer land in Re-survey No.11/3 of Balussery Village having 1.59 acres.
4. In the above circumstances, I am of the view the petitioners' request to expedite the action and take possession of 1.59 acres in the Re-survey No.11/3 of Balussery Village can be directed to be accepted by the second respondent.
5. Therefore, this matter is remanded to the second respondent for taking possession and accepting the offer of the petitioners in respect of the land situated in Re-survey No.11/3 of Balussery Village having 1.59 acres in lieu of the land in Re-survey Nos.149/18 and 149/16 of Peringara Village. The Taluk Land Board shall pass appropriate orders on the basis of the above exercises opted by the petitioner. In the matter, if the Taluk Land Board finds any embargo in accepting the option, it shall state reasons for non accepting the same. Fresh orders shall be passed within a period of three months from the date of receipt of a copy of this judgment.
The revision petitions are accordingly, disposed of. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms
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Title

Revision vs By Adv. Sri.M.C.John

Court

High Court Of Kerala

JudgmentDate
09 March, 2000