Kerala High Court
Annie James vs Taluk Land Board on 27 October, 2014
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
MONDAY, THE 27TH DAY OF OCTOBER 2014/5TH KARTHIKA, 1936
CRP(LR).No. 294 of 2013
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SMP 85/1997 of TALUK LAND BOARD, NILAMBUR
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PETITIONERS:
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1. ANNIE JAMES
W/O.JAMES JACOB, KAVALAKAL HOUSE, PACHAKULAM P.O.
ALAPPUZHA.
2. ANTONY JACOB,
S/O.CHACKO, KAVALAKAL HOUSE, AMBALAPPADY
VANDOOR P.O.,MALAPPURAM DISTRICT.
3. MARIYAMMA ANTONY,
W/O.ANTONY JACOB, KAVALAKAL HOUSE, AMBALAPPADY
VANDOOR P.O.,MALAPPURAM DISTRICT.
4. JAMES JACOB,
S/O.CHACKO, KAVALAKAL HOUSE, PACHAKULAM P.O.
ALAPPUZHA.
BY ADV. SRI.S.SUJIN
RESPONDENTS :-
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1. TALUK LAND BOARD
NILAMBUR, REPRESENTED BY ITS CHAIRMAN
OFFICE OF THE TALUK LAND BOARD
MALAPPURAM DISTRICT-676505.
2. TAHSILDAR,
NILAMBUR, MALAPPURAM DISTRICT-676505.
3. STATE OF KERALA,
REPRESENTED BY CHIEF SECRETARY, SECRETARIAT
THIRUVANANTHAPURAM-695001.
R1-R3 BY SPL.GOVERNMENT PLEADER SMT. SUSHEELA R. BHAT
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLYHEARD
ON 27-10-2014, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
DCS
V.CHITAMBARESH,J.
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C.R.P.(L.R.). No. 294 of 2013
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Dated this the 27th day of October, 2014
O R D E R
The claim put in by the petitioners under Section 85(8) of the Kerala Land Reforms Act, 1963 (for short the 'Act') stands rejected by the Taluk Land Board. Their claim is rested on Section 7E of the Act introduced with effect from 18.10.2006 and the petitioners contend that they are deemed tenants. The Taluk Land Board did not consider their claim solely for the reason that a certificate of title under Section 106B of the Act was not obtained.
2. The grant of a certificate of title under Section 106B of the Act is not a sine qua non to consider the claim under Section 7E of the Act. The law in this regard is laid down in Rajeev v. District Collector [2014 (4) KLT 209]. However the question whether the ceiling case can be re-opened under Section 84(4) of the Act is important. The petitioners point out that they are transferees for consideration from the legal heirs of the declarant.
3. I set aside the impugned order and direct the Taluk Land Board to re-consider the claim of the petitioners. The Taluk Land Board, Nilambur shall issue notice to the C.R.P.(L.R.). No. 294 of 2013 2 petitioners as well as to the legal heirs of the declarant. The parties will appear before the Taluk Land Board, Nilambur on 17.11.2014. The Taluk Land Board shall endeavour to pass fresh orders within a period of four months therefrom.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS