K C UDAYAVARMA RAJA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners state that they are members of Ayancherry Kovilakam. In the year 1958, a partition took place among the members of the Kovilakam, as per the final decree passed in O.S.No.40 of 1954 on the file of the Sub Court, Thalasseri. THE properties were partitioned into twenty shares as per the decree. THE petitioners state that it was specifically provided in the decree that if any properties were left out of partition, those properties are also liable to be partitioned subsequently.

(2.) THE petitioners state that 244.69 acres of land in R.S.No.30/1A1 of Vilakkottor Desom and 79.10 acres in R.S.No.58 of Kuruvantheri Desom were not included in the partition suit. THErefore, one Ravivarma Raja filed O.S.No.21 of 2003 on the file of the Sub Court, Vadakara, for partitioning those items which were left out of the partition in the year 1958. It is stated that 87 persons are having rights in the property. It is also stated that as per the final decree in O.S.No.40 of 1954, Sub Court, Thalasseri, the Kovilakam was divided into twenty families and it lost the status of joint family. THE petitioners state that they were born prior to 1.1.1970 and they are members of the respective families who are entitled to get shares in the properties. According to the petitioners, those twenty families had no land in excess of the ceiling limit, even if the properties left out are also divided and allotted to their shares.

(3.) THE petitioners filed claim petitions under Section 85(8) of the Kerala Land Reforms Act before the Taluk Land Board. However, when there was a threat to take possession of the land, the petitioners filed O.P.(C) No.361 of 2010, which was disposed of as per Ext.P5 judgment dated 26.10.2010, directing the Taluk Land Board to expedite disposal of the claim petitions. It was also held that the petitioners could file applications before the Taluk Land Board to keep further proceedings in abeyance until the disposal of the claim petitions.