Kerala High Court
Janu vs P.K.Moosa on 20 March, 2012
Author: V. Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
&
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
THURSDAY, THE 30TH DAY OF JUNE 2016/9TH ASHADHA, 1938
RP.No. 714 of 2013 () IN WA.2120/2010
---------------------------------------
AGAINST THE JUDGMENT IN WA 2120/2010 of HIGH COURT OF KERALA
DATED 20-03-2012
REVIEW PETITIONERS/3RD PARTIES:
-------------------------------
1. JANU,
W/O LATE KARIKUTTY, KALARIKKAL PURAYA P.O,
EAST VAZHAYOOR, MALAPPURAM DISTRICT
2. PENNOOTTY,
W/O LATE CHATHAN, PEEDIKATHADATHIL, KAKKOVE P.O,
VAZHAYUR, MALAPPURAM DISTRICT
3. MUTHACHI,
W/O KOPLI,PEEDIKATHADATHIL, KAKKOVE P.O, VAZHAYUR,
MALAPPURAM DISTRICT
4. SUBRAMANIAN,
S/O LATE KALI, CHOLAKKUZHI PURAYA, VAZHAYOOR,
KARAD PARAMB POST 673633, MALAPPURAM DISTRICT
5. MOIDEENKUTTY,
S/O KUNHALAN, PEEDIKATHADATHIL, KAKKOVE POST,
VAZHAYOOR, MALAPPURAM DISTRICT
BY ADVS.SRI.K.P.SUDHEER
SRI.ARUN MATHEW VADAKKAN
RESPONDENTS/PETITIONER & RESPONDENTS:
---------------------------------------
1. P.K.MOOSA
S/O P.K. ISMAIL, REHMAT HOUSE, PERINKAVU P.O,
VAZHAYOOR VILLAGE, ERNAD TLAUK, MALAPPURAM DISTRICT 673633
2. THE TALUK LAND BOARD,
ERNAD, REPRESENTED BY ITS CHAIRMAN, (DEPUTY COLLECTOR L.R)
COLLECTORATE, MALAPPURAM 676505
3. DISTRICT COLLECTOR,
MALAPPURAM, COLLECTORATE, MALAPPURAM 676505
4. TAHSILDAR,
ERNAD TLAUK, MANJERI P.O, MALAPPURAM 676121
5. VILLAGE OFFICER,
VAZHAYOOR, VAZHAYOOR P.O, MALAPPURAM 673633
R BY SRI.SAJU.S.A
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 30-06-2016,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. CHITAMBARESH & K. RAMAKRISHNAN, JJ.
..................................................
R.P.No.714 of 2013
.......................................................
Dated this the 30th day of June, 2016.
O R D E R
V. CHITAMBARESH, J:
A claim under section 7E of the Kerala Land Reforms Act, 1963 is not liable to be reckoned, if the property in question has already been surrendered or assumed possession as excess lands. This is evident from the third proviso to section 84(4) of the Kerala Land Reforms Act,1963. This is precisely why this Court in W.A.No.2120/2010 has directed the Taluk Land Board to verify as to whether the excess lands have been surrendered or taken possession of. The relevant part of the judgment in W.A.No.2120/2010 is extracted hereunder in para 4.
"4. According to the learned Special Government Pleader, by virtue of proviso to Sub-section (4) of Section 84 of the Act, the claim petition of the appellant cannot be entertained as the land is already distributed to the landless persons by way of grant. This is categorically denied by the appellant's counsel. As it involves a fact finding exercise, to verify and conclude whether the land is already distributed to landless persons and therefore it is hit by Proviso to Sub- section (4) of Section 84 of the Act, this Court cannot go into that question. Therefore, it is just and proper to direct the Taluk Land Board to consider the claim petition of the R.P.No.714 of 2013 2 petitioners and then verify and if the possession is already diverted and distributed to the landless persons as contended by the learned Government Pleader, then pass necessary orders."
2. The review petitioners contend that excess lands have already been taken possession of and that the same is assigned on registry to landless. The review petitioners claim to be the allotees of the excess land on registry. These are matters to be dealt with by the Taluk Land Board with notice to the claimants, allottees and assignees, if any. We are also sure that the impact of the judgments of this court in the earlier litigations shall also be adverted to. The exercise shall be completed within four months. We wonder how the impugned judgment prejudices the review petitioners in any way.
There is no error apparent on the face of the judgment. The review petition is rejected.
Sd/-
V. CHITAMBARESH, JUDGE.
Sd/-
K. RAMAKRISHNAN, JUDGE.
cl /true copy/
P.S to Judge