IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 CRP.No. 55 of 2001(A) ------------------------------- LB.NO.738/1973 OF TALUK LAND BOARD, PALAKKAD. .................... REVISION PETITIONER(LEGAL HEIR OF ORIGINAL DECLARANT): ---------------------------------------------------------------------------------------------- N. SULOCHANA, WIDOW OF K.M. SUKUMARAN, MUKARAKKATTER, KOTTEKKAD AMSOM DESOM, PALAKKAD. BY ADV. MR.P.R VENKITESH. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, LAND REVENUE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE TALUK LAND BOARD, PALGHAT, REPRESENTED BY ITS CHAIRMAN. 3. THE TAHSILDAR, PALGHAT. R1 TO R3 BY GOVERNMENT PLEADER MR. SANDESH RAJA.K. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. C.R.P. NO. 55/2001-A: ORDER ON C.M.P. NO.114/2001 IN C.R.P.NO.55/2001-A DISMISSED 18/11/2009. SD/- P.Q.BARKATH ALI, JUDGE. //TRUE COPY// P.S. TO JUDGE. Prv. P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - C.R.P.No.55 OF 2001 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2009 ORDER This revision petition is filed by the declarant in LB No.738/1973 of Taluk Land Board, Palakkad challenging the order of the land board dated November 30, 2000 directing him to surrender 4.64 Acres alleged to be in excess of the ceiling area prescribed under Section 82 of Kerala Land Reforms Act. 2. The facts in brief are these : The declarant who is the revision petitioner filed ceiling return under Section 85A of Kerala Land Reforms act before the State Land Board, Thiruvananthapuram. The statement was forwarded to the Taluk Land Board , Palakkad for disposal which was got verified through the authorised officer who reported that the declarant was in possession of 16.78 Acres of land out of which an extent of 1.17 Acres falls under the exempted category under Section 81 of KLR Act, that the declarant was adult unmarried person and he is entitled to retain 6 Acres as provided under Section 82 of Kerala Land Reforms Act and CRP.No.55/01 Page numbers he is liable to surrender an extent of 9.61 Acres being held in excess of the ceiling area. Accordingly, a draft statement was issued to the declarant. Meanwhile the declarant died. His legal heirs filed objection before the Taluk Land Board stating that there was no excess land to be surrendered. The Taluk Land Board considered their objection. Meanwhile, the sister of the declarant filed O.S.No.225/1976 before the Sub Court, Palakkad for partition of the entire property including this property alleging that these are ancestral properties. In the suit, preliminary decree was passed alloting 22/28 shares of the entire property comprised in schedule A and 1/7 th share in schedule B of the said suit to the deceased declarant. The Taluk Land Board on the basis of that preliminary decree calculated the total extent of land the which the deceased declarant is entitled to as 12.05 Acres and issued a revised draft statement directing him to surrender 5.8 Acres as he is eligible to retain only 6 Acres. The legal heirs of deceased declarant claimed several exemptions on the ground that some of the properties are in the possession of third parties etc. But the Taluk Land Board rejected all those contentions stating that no evidence was adduced by CRP.No.55/01 Page numbers the legal heirs of the deceased declarant to prove the same and as per the impugned order the Taluk Land Board directed the declarant to surrender 4.64 Acres holding that 1.41 Acres are to be exempted under Section 81 of KLR Act. The legal heirs of the deceased declarant has challenged this order in this revision petition. 3. When the revision petition came up for hearing, counsel for the revision petitioner Sri.P.R.Venkatesh submitted that final decree has been passed in the suit and only 5.69 ½ Acres is alloted to the shares of the declarant in B schedule therein and some of the properties in F schedule. Allotment of the said properties to the share of the declarant under the final decree was not disputed by the government pleader appearing for the state. In the light of the final decree passed in the partition suit, I feel that the matter has to be remanded to the Taluk Land Board to decide afresh the extent of land to be surrendered if any by the deceased declarant, now his legal heirs. As I am remanding the matter to the Taluk Land Board, the Taluk Land Board is also directed to consider the following points : 1) The land to be surrendered by the declarant taking into CRP.No.55/01 Page numbers consideration the land allotted to the share of the deceased declarant under the final decree and subject to the final decision in R.S.A.No.338/2006 which is pending against the final decree proceedings before this court. 2) In the objection filed by the legal heirs of deceased declarant they have submitted that some of the lands are in the possession of third party which was rejected by the Taluk Land Board as no evidence was adduced on this aspect. The legal heirs of deceased declarant are entitled to adduce evidence before the Taluk Land Board to show that those lands are in the possession of third parties. The Taluk Land Board is also directed to consider their contentions. 3) The legal heirs of deceased declarant in their objection has claimed certain lands which are to be exempted under Section 81 of the Act. Taluk Land Board is also directed to consider that contention of the legal heirs of deceased declarant. They are entitled to adduce evidence on this point before the Taluk Land Board. It is hereby made clear that the Taluk Land Board need consider only the points mentioned above. Since this is a matter of 1973, the CRP.No.55/01 Page numbers Taluk Land Board , Palakkad is directed to dispose of the matter as early as possible, preferably within six months from the date of receipt of the copy of this order. P.Q.BARKATH ALI JUDGE sv. CRP.No.55/01 Page numbers