DEVASIA Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The prayers in the above writ petition (Civil) are as follows:

(2.) Heard Sri.K.T. Thomas the learned counsel appearing for the petitioner and Sri. Saigi Jacob Palatty, the learned Senior Government Pleader appearing for R-1 to R-3 and Sri. Nikhil Berny, the learned counsel appearing for the contesting respondent No.4.

(3.) It is stated that the petitioner is an agriculturist. The 1 st respondent -Taluk Land Board, Mannarkkad had initiated suo motu proceedings against the petitioner for surrender of excess land in land ceiling proceedings initiated under the Kerala Land Reforms Act, 1963. Ext.P-1 order dated 05.03.1992 was passed by the respondent -Taluk Land Board, Mannarkkad, whereby the petitioner is directed to surrender 2.06 acres of land in Survey No.1527/Part in Agali village, Mannarkkad Taluk, Palakkad Revenue District. In terms of Ext.P-1 order dated 05.03.1992, an extent of 2.06 acres of land was actually taken possession from the petitioner on 21.06.1993, from out of the property of the petitioner lying in Survey No.1525/Part. It is stated that there was a mistake in Ext.P-1 order presumably on the basis of the mistake in the factual averments of the petitioner that the property of the petitioner is in Survey No.1527/Part from which the excess land is to be surrendered. So that as a matter of fact, the petitioner is not having any land whatsoever in Survey No.1527/Part and his properties are actually lying in Survey No.1525/Part. The 3rd respondent-Village Officer, Agali had come to the site and after detailed process had ascertained and conferred himself, the petitioner has no land in Survey No.1527/Part and that his property is lying in Survey No.1525/Part and to ensure the substantial compliance of the directions of the Taluk Land Board, the same extent of land ordered in Ext.P-1, viz, 2.06 acres actually taken possession from the petitioner by the Village Officer concerned; but in respect of the property of the petitioner comprised in Survey No.1525/Part on 21.06.1993.