High CourtsSingle Bench(2018) 03 KL CK 0021

Chandramathy @APPELLANT@Hash The Taluk Land Board And Anr

High Court Of Kerala · Decided on 1 March 2018

HON’BLE JUDGES
Alexander Thomas, J
RESULT
Disposed Off
CASE NUMBER
Criminal Revision Petition (Land Reforms Act) No. 86 Of 2018

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Judgment

6 paragraphs · 436 words
1.

The prayer in this C.R.P.(L.R) filed under the enabling provisions contained in Sec.103 of the Kerala Land Reforms Act, 1963 read with Sec. 115 of the C.P.C. is as follows:

"..... to set aside the order of the Taluk Land Board, Taliparamba dated 30.5.2017 in TLB 1919/73 TBA so far as it relates to the property of the petitioner and allow the revision with cost."

2.

Heard Sri.Cibi Thomas, learned counsel appearing for the petitioner and Sri.M.I.Johnson, learned Senior Govt. Pleader appearing for R-2. Since the 1st respondent Taluk Land Board is a quasi judicial Tribunal, the said party is unnecessary and notice to that party is dispensed with.

3.

The impugned order is the one rendered by the 1st respondent Taluk Land Board on proceedings No.F.TLB 1919/73/TBA dated 30.5.2017, which is in respect of many parties. The relevant portion of the order impugned in this petition is dealt with in para 20 (relating to Keloth Chandramathi, who is the revision petitioner herein), which reads as follows:

"20 .ക ക  ത ചനമത ഏറ ട ക ൻഉതരവ യറ .സ.45 / 1 ൽറ ട36 റസൻറഭ മതൻററ ക വശതല $ അന ഭവതല മ റ'ന $ ട ഭ മ മചഭ മയൽ നന $ ഒഴവ കതര'റമന $അക,കചര ക ന  . എന ൽമതയ യകരഖ ൾഹ ജര ക തതന ൽകമൽഅക,ക നരസച3റ  ണ ഉതര വ   ന  ."

4.

From the perusal of the impugned order, this Court is of the considered view that the matter requires a remit at least insofar as the impugned order relating to the present revision petitioner herein (Chandramathi). In that view of the matter, the impugned order No.F.TLB 1919/73/TBA dated 30.5.2017 issued by the 1st respondent Taluk Land Board, to the limited extent it applies only the revision petitioner herein (Chandramathi) as dealt with in para 20 thereof, will stand set aside and the matter will stand remitted to the Taluk Land Board, Taliparamba, for consideration of the case of the petitioner herein afresh. The revision petitioner is given an opportunity to produce relevant documents and materials in support of her contentions and prayers, which may be made available before the 1st respondent Talul Land Board, Taliparamba, within one month from the date notified for receiving certified copy of this judgment. Thereafter, the Taluk Land Board will give a reasonable opportunity of being heard to the petitioner through authorised representative/counsel and after adhering procedural formalities, will pass orders finalising the said proceedings without much delay, preferably within two to three months from the date of production of documents, along with a certified copy of this judgment. With these observations and directions, the above C.R.P. stands finally disposed of.