B.M.Subraya Hegde S/O. Late Vasudeva vs Taluk Land Board on 2 June, 2008

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Kerala High Court

B.M.Subraya Hegde S/O. Late Vasudeva vs Taluk Land Board on 2 June, 2008

Bench: Harun-Ul-Rashid

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 57 of 2004(A)


1. B.M.SUBRAYA HEGDE S/O. LATE VASUDEVA
                      ...  Petitioner

                        Vs



1. TALUK LAND BOARD, KASARAGOD.
                       ...       Respondent

2. STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.KODOTH SREEDHARAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :02/06/2008

 O R D E R
                         HARUN-UL-RASHID, J.
                   --------------------------------------------
                          C.R.P. NO. 57 OF 2004
                   --------------------------------------------

                   Dated this the 2nd day of June, 2008


                                  O R D E R

The revision petitioner is the claimant before the Taluk Land Board, Kasaragod. In his petition filed under Section 85(8) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as "the Act"), he claimed title and possession over 33 cents of land in R.S. No.15/6 of Bangra Manjeshwara Village. In support of his claim he produced the purchase certificate issued by the Land Tribunal in O.A. No.581 of 1971. The claimant also contended that the said 33 cents of land was obtained by his mother and sister on chalageni badige chit as per registered document No.805/1950 dated 27.10.1950.

2. From the materials on record, it has come out in evidence that the landlord filed C.R.P. No.2397 of 1983 challenging the order passed by the Land Tribunal and this Court set aside the orders passed by the Land Tribunal and the Appellate Authority. It is submitted at the Bar that the said order has become final. The order in C.R.P.No.2397 of 1983 was C.R.P. NO.57/2004 2 passed by this Court on 22.7.1986. In the light of the order passed by this Court, the application filed by the claimant under Section 72 B of the Act stood dismissed. Therefore, the Taluk Land Board rightly rejected the claim petition which is the subject matter of this revision.

I find no reason to interfere with the order passed by the Taluk Land Board. The Civil Revision Petition is without merit and it is accordingly dismissed. There will be no order as to costs.

(HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.57/2004 3 HAURN-UL-RASHID, J.

C.R.P. NO. 57/2004 O R D E R 2ND JUNE, 2008

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