IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 OP.No. 31547 of 2000(E) ----------------------- PETITIONER(S): --------------- O.N.DAMODARAN, S/O.LATE O.M.C.NARAYANAN, NAMBUDIRIPAD OF OLAPPAMANNA MANA, VELLINEZHI AMSOM, OTTAPALAM. BY ADV. SRI.V.SANKARA RAJA RESPONDENT(S): --------------- 1. THE SUB COLLECTOR, (LAND REFORMS DEPUTY COLLECTOR), OTTAPALAM. 2. THE TAHSILDAR, OTTAPALAM TALUK, TALUK OFFICE, OTTAPALAM. ADDITIONAL RESPONDENT: 3. THE CHAIRMAN, BHOODAN MOVEMENT COMMITTEE, SARVODAYA SANGH, HEAD QUARTERS, WARDHA, MAHARTHSTRA. (R3 IMPLEADED AS PER ORDER IN CMP NO.55613/00 DTD.23.11.2000) THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31.10.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.31547/00. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE JUDGMENT DTD.22.11.83 IN CRP NO.1780/81 OF THIS COURT. P2. COPY OF THE ORDER DTD.16.4.85 OF TALUK LAND BOARD, OTTAPALAM. P3. COPY OF THE ORDER IN CRP NO.698/92 OF THIS COURT. P4. COPY OF THE ORDER DTD.24.10.00 OF THE TALUK OFFICE, OTTAPALAM. P4.A. COPY OF THE ENGLISH TRANSLATION OF Ext.P4. P5. COPY OF THE TAX RECEIPT DTD.19.2.91. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.31547 of 2000 ================== Dated this the 31st day of October, 2008 J U D G M E N T The petitioner's father's ceiling case under the Kerala Land Reforms Act was finally decided by the Taluk Land Board. In that case, the Taluk Land Board included certain lands, which is the subject of this original petition, which was the property given by the petitioner's father as gift to the Bhoodan Yagna Committee, formed under the Bhoodan Movement of late Acharya Vinoba Bhave. The petitioner's father claimed exemption of that land under Section 81(s) of the Kerala Land Reforms Act. However, in the ceiling proceedings, that land also was included in the properties of the petitioner's father on the ground that the petitioner's father was still retaining possession of that land. That issue was agitated before this Court in CRP No.1780/1981 by the petitioner's late father. In that CRP this Court held thus in respect of that property: “5. The lands vested in Bhoodan Yagna Committee are exempted under Section 81(s) of the Kerala Land Reforms Act. The declarant has categorically stated about the gift of the land to the Bhoodan Yagna Committee. There is no denial of the fact that the lands had been so given to the Bhoodan Yagna Committee. The authorised officer only states that the declarant is in occupation of that o.p.31547/00 2 land. The mere fact that the petitioner is in occupation of such a land for the only reason that there has not been any effective functioning of the Bhoodan Yagna Committee, will not deprive him of the benefit given under the statute. It must be remembered that this was done at a time long prior to the present land reforms legislation had been enacted in the State. When the gift to the Bhoodan Yagna Committee is not disputed, the denial of exemption for the only reason that he is in occupation, does not appear to be justified. Counsel for the petitioner submitted that if and when the committee starts effective functioning, he will surrender it to the committee for being dealt with in accordance with the provisions of that committee. This submission is recorded. The land Board will give exemption in respect of the area so gifted to the Bhoodan Yagna Committee.” 2. Now the petitioner has been served with Ext.P4 notice directing surrender of that land. The petitioner is challenging Ext.P4 in this original petition. 3. The petitioner's contention is that by virtue of Ext.P1 judgment the petitioner is entitled to retain 15 acres of land in addition to the land gifted to the Bhoodan Yagna Committee. Therefore, the respondents cannot resume the land exempted, which has been excluded in Ext.P1, is the contention raised. The petitioner, therefore, seeks to quash Ext.P4. 4. I have heard the learned Government Pleader also. 5. Under Section 81(s) only lands vested in the Bhoodan Yagna Committee are eligible for exemption. The petitioner himself admits that Bhoodan Yagna Committee is no longer functioning. There is nobody to take over the land gifted to the o.p.31547/00 3 Bhoodan Yagna Committee as of now. Therefore, the petitioner would not be able to comply with the directions in Ext.P1 judgment. As per Ext.P1 judgment, this Court has not permitted the petitioner's father to retain the land absolutely. In fact, going by Ext.P1 judgment the petitioner's father was only treated as a trustee of the land until the Bhoodan Yagna Committee takes over the land. In fact the petitioner's father had made a solemn undertaking before this Court that if and when the Bhoodan Yagna Committee starts effective functioning he will surrender it to the Committee. Having made that solemn undertaking before this Court, the petitioner cannot now seek to hold on that land especially when the petitioner himself admits that Bhoodan Yagna Committee is no longer functioning and there is nobody to take over the land on behalf of the Bhoodan Yagna Committee. Therefore, it is clear that the petitioner has to part with the property either to the Bhoodan Yagna Committee or to the State as excess hand. If he cannot hand over the property to the Committee, naturally it becomes excess land of the petitioner's father. Either way the land has to go to the landless people. Under the Kerala Land Reforms Act, land taken over has to be o.p.31547/00 4 distributed against the landless people. The object of the Bhoodan Yagna Committee is also to distribute the land gifted by others to landless people. By this original petition the petitioner's devious intention is to retain both the exemption under the Section 81(s) of the Kerala Land Reforms Act in respect of the property gifted to the Bhoodan Yagna Committee and also to retain the same, although if the same had not vested in Bhoodan Yagna Committee, the same would have been excess lands in the hands of the petitioner's father, which cannot be permitted. Therefore, I do not find any merit in this original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.31547/00 5 S.SIRI JAGAN, J. ================ O.P.No.31547 of 2000-E ================ J U D G M E N T 31st October, 2008 o.p.31547/00 6