Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE23D DAY OF SEPTEMBER20141ST ASWINA, 1936 CRP.No. 429 of 2011 (C) ------------------------ AGAINST THE ORDER
/JUDGMENT
IN SR20473/KLM/A7 of TALUK LAND BOARD, KOTHAMANGALAM CIVIL REVISION PETITIONER(S): ----------------------------- STATE OF KERALA REPRESENTED BY THE SECRETARY, STATE LAND BOARD THIRUVANANTHAPURAM. BY SPL GOVERNMENT PLEADER SMT. SUSHEELA R. BHAT RESPONDENT(S): -------------- 1. SANTHA MATHEW, PERUMPILLYCHIRA ANGADIKARA AND KOTHAMANGALAM686691.
2. JOSE MATHEW,PERUMPILLYCHIRA, ANGADIKARA AND KOTHAMANGALAM686691. * 3. JOBY MATHEW,ARAMBANKUDY,NADUKANI, KEERAMPARA686691.(NAME CORRECTED) 4. JOHNY MATHEW, ARAMBANKUDY, NADUKANI, KEERAMPARA686691.
5. ANNIE MATHEW, ARAMBANKUDY, NADUKANI, KEERAMPARA686691.
6. LEELAMMA TOMY, ARAMBANKUDY, NADUKANI, KEERAMPARA686691. *THE NAME OF THE THIRD RESPONDENT SRI.JOBY MATHEW IS CORRECTED AS TOMY MATHEW AS PER ORDER
DATED1206.2012 IN IA.NO.1093/12. R4 & 5,R3 & 6 BY ADV. SRI.THOMAS M.JACOB R4 &5 BY ADV. SRI.AKHIL K.MADHAV R1 BY ADV. SRI.BABU PAUL THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON2309-2014, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: B.KEMAL PASHA, J.
................................................................ C.R.P. No. 429 of 2011 ............................................................... Dated this the 23rd day of September, 2014 ORDER
This revision has been preferred the by State of Kerala, challenging that part of the order passed by the Taluk Land Board dated 26.3.2010 in SR.204/73/KLM/A7 whereby the Taluk Land Board has allowed the claim forwarded by respondents 3 to 6 herein, relating to 2 acres and 09.500 cents of land in Sy.No.326/1C of the Keerampara Village, Kothamangalam Taluk.
2. Heard Smt.Susheela R. Bhat, learned Special Government Pleader for the revision petitioner, learned counsel Sri.Babu Paul for 1st respondent and Sri.Thomas M. Jacob for respondents 3 to 6.
3. Late Varkey Varghese is the father of the declarant namely P.V. Mathew. In the year 1954, the father CRP429of 2011 -:
2. :- of respondents 3 and 4 namely Ouseph Mathai, who is the father-in-law of respondents 5 and 6, had purchased the said property having an extent of 4.19 acres in Sy.No.326/1C of Keerampara Village, Kothamangalam Taluk, which includes the aforesaid extent of 2.09.500 acres of land, from late Varkey Varghese through sale deed No.2505/54. It has come out in evidence that even much prior to the said sale deed of 1954, the said Ouseph Mathai, Arambankudy and the members of his family were in possession of the said properties. As it is a sale deed much prior to 1963, the said transfer by sale is not hit by the provisions of Section 84 of the Kerala Land Reforms Act. It seems that their claim was correctly considered by the Taluk Land Board and a correct decision with regard to the same has been arrived at.
4. There is absolutely nothing to interfere with the impugned order so far as it relates to the claim relating to the aforesaid 2.09.500 acres in Sy.No.326/1C of the CRP429of 2011 -:
3. :- Keerampara Village. The Taluk Land Board, after due enquiry, has found that the said land was in the possession of the applicants and they have obtained absolute title in 1954. Therefore, the Taluk Land Board has rightly exempted the said land from the land to be surrendered by the declarant. The said order does not suffer from any illegality, irregularity or impropriety and therefore, the same is not liable to be interfered with. Matters being so, this CRP is devoid of merits, and is only to be dismissed, and I do so. In the result, this CRP is dismissed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge