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K.M. Balakrishnan Ezhuthassan vs Talu Land Board

High Court Of Kerala · Decided on 24 January 2011 · Citation: (2011) 01 KL CK 0178

HON’BLE JUDGES
Harun-Ul-Rashid, J
ACTS & SECTIONS REFERRED
Kerala Land Reforms Act, 1963 — Section 7E, 85(8)
CASE NUMBER
C.R.P. No. 1956 of 2003 (D)
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Judgment

4 paragraphs · 340 words

Harun-Ul-Rashid, J.—The Petitioners herein are the claimants before the Taluk Land Board, Ottappalam. The first Petitioner is no more. Petitioners 2 and 3 are his legal heirs. Petitioners challenge that part of the order which rejects their claim. The learned Counsel for the Petitioners pointed out that the claim petitions are dated 28.1.2003 and the order of the Taluk Land Board is dated 31.1.2003. It is pointed out that the Taluk Land Board while considering the ceiling case had disposed of the claim petitions submitted by the Petitioners, without applying its mind and without affording an opportunity to substantiate the contentions raised in the claim petition.

2.

Petitioners are transferees from assignor of the donee. The gift deed in favour of the donee was executed by the declarant. Petitioners are claiming right u/s 7E of the Kerala Land Reforms Act. According to them they are in possession of the land mentioned in their claim petitions and are acquired by their predecessor by purchase from a person holding land in excess of the ceiling area during the period mentioned in Section 7E. It is said that the Taluk Land Board had no occasion to consider the claim put forward by the Petitioners in the right perspective as it is pointed out that their claim petitions are disposed of within a few days after the filing thereof. I find that there is some force in the contention.

3.

In the circumstances, the order under challenge dismissing the claim petitions filed u/s 85(8) of the Kerala Land Reforms Act is set aside. The Taluk Land Board is directed to pass orders afresh after affording reasonable opportunity to the Petitioners to substantiate their claim. The Taluk Land Board is directed to dispose of the claim petitions in accordance with law within a period of six months from the date of receipt of a copy of this judgment. The Petitioners are at liberty to adduce oral and documentary evidence at the earliest point of time.

4.

The Civil Revision Petition is disposed of as above.