T K C MOIDEENKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Proceedings of the Taluk Land Board, Tirur dated 30-09-2000 is under challenge. By the said order, a total extent of 22.30 ordinary acres of land were directed to be surrendered, in exercise of powers under Section 85(5) of the Kerala Land Reforms Act. The petitioner submits that in spite of specific directions issued by this Court full attention has not been bestowed in respect of the claims and the order requires to be set aside.

(2.) Originally the Taluk Land Board on 31-12-1982 had directed surrender of 37.02 acres. By order in C.R.P.No.1321 of 1981, it had been found that in respect of certain items of properties, which were directed to be surrendered, principles to be adopted had not been correctly applied by the Taluk Land Board. Therefore specified objections were directed to be considered afresh. It is seen that after remand notice had been issued to the parties concerned. After due hearing, the present order had come to be passed.

(3.) As could be seen from the proceedings, objection Nos.6, 8, 10, 12, 14, 15, 18 and 21 had been upheld. According to counsel, what remained there as objectionable was decision in respect of objection Nos.5 and 9. Additionally there were claims in respect of a laterite quarry and a granite quarry as well as a parcel of land which had been claimed as surrendered for construction of a road by the Panchayat. The claims in respect of these heads, which were rejected, could now be examined so as to see whether the order suffers any mistake requiring interference in exercise of powers of this Court under Section 115 of the Code of Civil Procedure. Although option was given, as required under law in respect of surrender, it is pointed out that in view of the interlocutory orders the status quo all through out was being maintained.