IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH JUNE 2008 / 30TH JYAISHTA 1930 CRP.No. 434 of 2005() --------------------- CR.23/1983 of TALUK LAND BOARD, ERNAD .................... REVN. PETITIONER: ------------------ KAVANANCHERRY HASSANKUTTY, S/O. YOUSUF, KAVANOOR P.O., (VIA) AREEKODE, ERANAD TALUK. BY ADVS. SRI.V.V.ASOKAN SMT.S.AMINA RESPONDENTS: ------------- 1. THE TALUK LAND BOARD, ERANAD. 2. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. PERUMBALAVAN MOOSAKUTTY, S/O. MOHAMMEDALI, KAVANOOR P.O., (VIA) AREEKODE, ERANAD. 4. PATHUMMA, W/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O., (VIA) AREEKODE, ERANAD. 5. MOHAMMEDALI, S/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O. (VIA) AREEKODE, ERANAD. 6. VEERANNI, S/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O. (VIA) AREEKODE, ERANAD. 7. ISHAK, S/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O. (VIA) AREEKODE, ERANAD. 8. RAZACK, S/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O. (VIA) AREEKODE, ERANAD. 9. SAFIA, D/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O., (VIA) AREEKODE, ERANAD. 10. AYSHA, D/O. PERUMBALAVAN IBRAHIM, KAVANOOR P.O. (VIA) AREEKODE, ERANAD. BY ADVS. SRI.K.SHIBILI NAHA FOR R SRI.K.SHIBILI NAHA FOR R3,4,9 & 10 SRI.CIBI THOMAS FOR R3,4,9 & 10 SRI.K.SHIBILI NAHA FOR R5 TO R8 SRI.CIBI THOMAS FOR R5 TO R8 GOVT. PLEADER SRI. P.A. SALIM -R1AND R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN I.A.NO. 1213 OF 2005 IN C.R.P. NO. 434 OF 2005. DISMISSED 20.6.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 434 OF 2005 -------------------------------------------- Dated this the 20th day of June, 2008 O R D E R The declarant in Ceiling Case No.C.R.23 of 1983 on the file of the Taluk Land Board, Ernad is the revision petitioner. The revision is directed against the order of the Taluk Land Board dated 21.2.2005 whereby the declarant was directed to surrender 3.42 acres of land. 2. The Taluk Land Board by an earlier order dated 27.9.1990 directed the declarant to surrender 4.12 acres declared as excess land. In the petition filed under Section 85(8) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as "the Act"), this Court in C.R.P. No.191 of 1991 passed final order dated 10.6.1996 holding that an extent of 0.50 cents in R.S. No.218 belonged to the claimant for which he had obtained the certificate of purchase. This Court, therefore, modified the said order of the Taluk Land Board and excluded 50 cents of land in R.S.No.218 from the account of the declarant. Thus the total extent of land liable to be surrendered by the declarent is 3 acres and 62cents. Subsequently, C.R.P. NO.434/2005 2 another claimant filed a petition under Section 85(8) of the Act. On enquiry, the authorised officer reported that the claimants had right over 20 cents of land in R.S. No.311 and that they have purchased the jenm right of the land from the Land Tribunal. The claim in respect of the larger extent is declined by the Land Tribunal by the impugned order. 3. The declarant filed a petition under Rule 136 A of the Kerala Land Reforms (Tenancy) Rules, 1970 pointing out that the lands in R.S. Nos.308, 311, 219/2B and 213 were shown in the draft statement as cashew gardens, but those lands were other dry lands as on 1.6.1964 and that conversion into cashew garden was after 1.4.1964. The said petition was rejected by the Taluk Land Board being belated. 4. Learned counsel appearing for the revision petitioner submitted that surrender of 4.12 acres of land was ordered taking into account the standard area of the lands at the credit of the declarant in excess of 10 standard acres and that classification of lands in ceiling cases is to be reckoned with the position as on 1.4.1964. She further urged that if the properties were classified correctly, the declarant would not be liable to surrender any more land. Learned counsel further submitted that pursuant to the order of the Taluk Land Board dated 27.9.1990 directing the C.R.P. NO.434/2005 3 declarant to surrender 4.12 acres of land, the declarant had surrendered 3 acres. This, according to counsel, was not taken note of by the Taluk Land Board while passing the impugned order. 5. The question raised is regarding the classification of lands owned by the declarant. In view of the submissions made by the learned counsel for the revision petitioner, I am of the view that the matter requires reconsideration. The order under revision is, therefore, set aside and the Taluk Land Board is directed to consider afresh the question regarding the classification of lands. For the purpose of examining the classification and conversion, the Taluk Land Board shall make enquiry including physical verification of the site. The matter shall be disposed of within a period of six months from the date of receipt of a copy of this order. The Civil Revision Petition is disposed of as above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.434/2005 4 HAURN-UL-RASHID, J. C.R.P. NO. 434/2005 O R D E R 20th June, 2008