K MADHAVAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is challenging order dated 30.07.2009 passed by the Taluk Land Board, Palakkad in L.B. No. 853/1976. Through the impugned order, the Revision Petitioner, who is the legal representative of the declarant Sri. Kandu, has been directed to surrender 0.50 acres of property in Sy. No. 245/9 of Elapully II Village.

(2.) The proceedings were earlier challenged by the very same petitioner before this Court through CRP 939/2004 by stating that the said property was earlier in the possession of Vellakutty, who is the daughter of the declarant, as is evident from the partition deed No. 2413/62. As a lessee, she was entitled to fixity of tenure, and thereafter Vellakutty had transferred the property to one Kandunni who is one of her relatives. The said Kandunni has obtained a purchase certificate dated 29.06.1974 in respect of the said 50 cents of property in the said survey number. From the beginning, it seems that the petitioner has been clamoring with the contention that the said property was never in the possession of the declarant and therefore, the declarant or the petitioner cannot be directed to surrender such an extent of property in the said survey number. This Court, vide order dated 19.02.2008 in CRP 939/04 had directed the Taluk Land Board to reconsider the matter and to pass appropriate orders in accordance with law. It was also directed that the purchase certificate, issued in favour of Kandunni, should also be taken note of while deciding the matter.

(3.) It seems that without having any discussions with regard to the validity or otherwise of the purchase certificate in favour of Kandunni, the Taluk Land Board has once again found that the said property had not gone away from the possession of the declarant Kandunni.