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CHAMI THARAKAN versus STATE OF KERALA

High Court of Kerala

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CHAMI THARAKAN v. STATE OF KERALA - CRP No. 3340 of 2001(G) [2007] RD-KL 16793 (6 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 3340 of 2001(G)

1. CHAMI THARAKAN
... Petitioner

Vs

1. STATE OF KERALA
... Respondent

For Petitioner :SRI.V.GIRI

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :06/09/2007

O R D E R

PIUS C. KURIAKOSE,J.


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C.R.P.No.3340 of 2001
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Dated: 6th September, 2007

ORDER

The order of the Taluk Land Board, Chittur in S.M.No.8/2000 dated 31.7.2001 is under challenge by the declarant mainly on the ground of limitation. Inviting my attention to Section 85(9) of the Land Reforms Act, learned counsel submitted that the present proceedings have been initiated after a period of 7 years contemplated under Section 85(9) and hence barred. On going through the impugned order I find that the question of limitation has not been considered by the Taluk Land Board. I set aside the impugned order and remand the matter back to the Taluk Land Board. The Taluk Land Board will consider the question of limitation as the first issue after hearing the petitioners. If that question is decided against the petitioners, then also the petitioners shall be given opportunity to submit option regarding the lands to be surrendered since the petitioners continue to assert that they do not have possession over the lands covered by the mortgage deed in favour of one Kumara Mannadiar referred to in the impugned order. The C.R.P. is allowed by way of remand. No costs.

srd PIUS C.KURIAKOSE, JUDGE

W.P.C.No. - 2 -


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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