Kerala High Court
Kannan @ Govindaswamy vs State Of Kerala
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2014/21ST KARTHIKA, 1936
CRP.No. 97 of 2011
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LB 658/1973 of TALUK LAND BOARD, PALAKKAD
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REVISION PETITIONER:
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1. KANNAN @ GOVINDASWAMY
S/O.APPU, NEAR ASSISI SCHOOL, KANJIKODE P.O.
PALAKKAD * DIED (LRs IMPLEADED)
SUPPLEMENTAL P2 TO P5 IMPLEADED
SUPPL. P2. PANKAJAVALLI, W/O. LATE KANNAN@GOVINDASWAMI
WARD NO. 5/2, NEAR AZEEZI SCHOOL, K.N. PUTHUR
KANJIKODE P.O.,PALAKKAD - 678 621
SUPPL. P3. G. RAJESH, S/O. LATE KANNAN@GOVINDASWAMI
WARD NO. 5/2, NEAR AZEEZI SCHOOL, K.N. PUTHUR
KANJIKODE P.O.,PALAKKAD - 678 621
SUPPL. P4. G.RAJANEESH, W/O. LATE KANNAN@GOVINDASWAMI
WARD NO. 5/2, NEAR AZEEZI SCHOOL, K.N. PUTHUR
KANJIKODE P.O.,PALAKKAD - 678 621
SUPPL. P5. G. RAMESH, W/O. LATE KANNAN@GOVINDASWAMI
WARD NO. 5/2, NEAR AZEEZI SCHOOL, K.N. PUTHUR
KANJIKODE P.O.,PALAKKAD - 678 621
* SUPPLEMENTAL P2 TO P5 ARE IMPLEADED AS PER ORDER DATED
04.08.2014 IN I.A. NO. 1605/2014
BY ADVS.SRI.K.LAKSHMINARAYANAN
RESPONDENTS:
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1. STATE OF KERALA
REVENUE DEPARTMENT(LR)
TRIVANDRUM - 695 001
(REP.BY ITS SECRETARY)
CRP.No. 97 of 2011
2. TALUK LAND BOARD,
PALAKKAD - 678 001
3. SMT. C.S. MEENAKSHI
W/O. LATE SREERAM
KAVUNGAL NIVAS
9TH STREET
VENKATESWARA COLONY
AMBIKAPURAM
PALAKKAD - 678 011
R1 & R2 BY SPL. GOVERNMENT PLEADER SMT. SUSHEELA R.BHAT
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD
ON 12-11-2014, THE COURT ON THE SAME DAYPASSED THE
FOLLOWING:
DCS
V.CHITAMBARESH,J.
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C.R.P. No. 97 of 2011
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Dated this the 12th day of November, 2014
O R D E R
The identity of excess lands ordered to be surrendered by the Taluk Land Board as per the order impugned does not take in the land allegedly taken assignment of by the revision petitioner from the declarant. Therefore it is not necessary for the Taluk Land Board to consider the claim of the revision petitioner under Section 7E of the Kerala Land Reforms Act, 1963 (the 'Act' for short) on the basis of the sale deed (Document No. 1291/1974) allegedly executed in his favour by the declarant. The revision petitioner is free to pursue his claim under Section 106B of the Act for the issue of a certificate of title by the Land Tribunal (after the Rules are framed) for which the impugned order of the Taluk Land Board would not be an impediment. The Land Tribunal shall advert to the decisions in Rajeev v. District Collector [2014(4) KLT 209] and State of Kerala v. Thomas Kurian [2014(4) KLT 417] as and when motion is made in that regard.
C.R.P. No. 97 of 2011 2
2. It is clarified that the sale deed in favour of the revision petitioner has been declared to be invalid by the Taluk Land Board only in the context of the transaction being after 01.01.1970.
The Civil Revision Petition is disposed of. No costs.
SD/-
V.CHITAMBARESH JUDGE /TRUE COPY/ P.A. TO JUDGE DCS