IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 3RD JANUARY 2011 / 13TH POUSHA 1932 OP.No. 11800 of 1992(D) ----------------------------------- PETITIONER(S): ----------------------- 1. R. SREEDHARAN, VADAKKE RAMATH HOUSE, (P.O.) CHEMMARATHUR. 2. R. JANU, MOODADI, CHEMMARATHUR. 3. R. RAJU, VADAKKE RAMATH, CHEMMARATHUR. BY ADV. SRI.PARTHASARATHY, SRI.K.P.BALASUBRAMANYAN. RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. 3. THE TALUK LAND BOARD, BADAGARA. 4. THE TAHASILDAR, BADAGARA. *5. PARAYULLA PARAMBATH MANI, CHEMMARATHUR AMSOM DESOM, VATAKARA. *(DIED) 6. PARAYULLA PARAMBATH KUMARAN, OF DO. **7. PARAYULLA PARAMBATH POKKI OF DO. **(DIED) 8. PARAYULLA PARAMBATH CHERIYAKANNAN OF DO DO 9. PARAYULLA PARAMBATH CHERIYAKANNAN OF DO. OP.No. 11800 of 1992(D) 10. PARAYULLA PARAMBATH JANAKI DEVI OF DO. 11. PARAYULLA PARAMBATH KELAPPAN OF DO. 12. PARAYULLA PARAMBATH CHATHU OF DO. 13. PARAYULLA PARAMBATH JANU OF DO. 14. PARAYULLA PARAMBATH CHEERU OF DO. 15. PARAYULLA PARAMBATH DAMODARAN. 16. NADAKKEKANDY NARAYANI OF DO. 17. PILACHERI MEETHAL KANNAN OF DO. 18. CHERIYAKANDY MEETHAL SASEENDRAN OF DO. 19. MALAPPARAMBATH BALAN OF DO. 20. KULANGARAKANDY KUNHIRAMAN OF DO. *ADDL. R21 TO R27 IMPLEADED ADDL. R21: BALAN, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R22: RAJAN, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R23: SURENDRAN, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R24: MALLIKA, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R25: RAJEEVAN, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R26: BABU, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. ADDL. R27: SOBHA, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM DESOM, VADAKARA. *THE ABOVE PERSONS ARE IMPLEADED AS ADDL. R21 TO R27, AS PER ORDER DATED 08/09/1994 ON C.M.P.NO.5598/1994. (BEING THE LEGAL REPRESENTATIVES OF DECEASED 5TH RESPONDENT). OP.No. 11800 of 1992(D) **ADDL. R28 TO R30 IMPLEADED ADDL. R28: SREENIVASAN, PARAYULLA PARAMBATH, CHEMMARATHUR AMSOM, DESOM, VADAKARA. ADDL. R29: PAVITHRAN, OF - DO -. ADDL. R30: VIJU, OF - DO -. ** THE ABOVE PERSONS ARE IMPLEADED AS ADDL. R28 TO R30, AS PER ORDER DATED 08/09/1994 ON C.M.P.NO.5597/1994. (BEING THE LEGAL REPRESENTATIVES OF DECEASED 7TH RESPONDENT) R1 TO R4 BY SPL. GOVT. PLEADER MR.M.L. SAJEEVAN. R6, R8, R10 , R16 & R17 BY SRI.T.P.KELU NAMBIAR, SENIOR ADVOCATE. BY ADV. SRI.P.G.RAJAGOPALAN, SRI.N.K.KARNIS, SRI.K.LAKSHMINARAYANAN, SRI.D.ANIL KUMAR, SRI.BABU VARGHESE. R11 TO R15, R18 & R19 BY ADV. MR.N.L. KRISHNAMOORTHY. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 03/01/2011, ALONG WITH CRP NO. 528 OF 1997, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP.No. 11800 of 1992(D) ORDER ON C.M.P. NOS.21406/1992 & 21415 /1992 IN O.P. NO. 11800/1992 DISMISSED 03/01/2011 SD/- M.N.KRISHNAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF 3RD RESPONDENT NO.TLB (B) 13/88 DATED 05/12/1989. EXT.P2: COPY OF THE PROCEEDINGS OF 3RD RESPONDENT TLB (B)12/88 DATED 05/12/1989. EXT.P3: COPY OF THE PROCEEDINGS OF 3RD RESPONDENT TLB (B) 1/89 DATED 05/12/1989. EXT.P4: COPY OF THE COUNTER AFFIDAVIT FILED BY RESPONDENTS 1 TO 4 IN O.P. NO. 2241/1990 DATED 28/06/1990. EXT.P5: COPY OF THE REPORT FILED BY ADVOCATE-COMMISSIONER IN O.P. NO. 2241/1990 DATED 16/08/1990 IN O.P. NO. 2241/1990-P. EXT.P6: COPY OF THE PLAN PREPARED BY ADVOCATE COMMISSIONER IN O.P. NO. 241/1990-P. EXT.P7: COPY OF THE JUDGMENT IN O.P. NO. 2241/1990-P DATED 27/03/1991 HIGH COURT OF KERALA. EXT.P8: COPY OF THE JUDGMENT IN O.P. NO. 2690/1992-T DATED 03/04/1992 HIGH COURT OF KERALA. EXT.P9: COPY OF THE ORDER TLB (B) 13/88 DATED 09/07/1992. EXT.P10: COPY OF THE ORDER OF THE TALUK LAND BOARD, VADAKARA DATED 06/02/1996. EXT.P11: COPY OF THE ORDER OF THE TALUK LAND BOARD, VADAKARA DATED 05/03/1996. (P.T.O.) OP.No. 11800 of 1992(D) RESPONDENT'S EXHIBITS: EXT.R11(a): COPY OF THE DOCUMENT DATED 03/03/1905. EXT.R11(b): COPY OF THE DOCUMENT DATED 07/02/1961. EXT.R11(c): COPY OF THE DOCUMENT DATED 06/01/1978. EXT.R11(d): COPY OF THE DOCUMENT DATED 12/08/1981. EXT.R11(e): COPY OF THE DOCUMENT DATED 21/03/1972. EXT.R11(f): COPY OF THE DOCUMENT DATED 20/11/1981. EXT.R11(g): COPY OF THE DOCUMENT DATED 28/12/1984. EXT.R11(h): COPY OF THE DOCUMENT DATED 05/10/1984. //TRUE COPY// P.A. TO JUDGE rs M.N. KRISHNAN, J. ........................................... O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 ............................................. Dated this the 3rd day of January, 2011. J U D G M E N T O.P.NO.11800 OF 1992: This writ petition is filed challenging Ext.P9 order. Ext.P9 is an order whereby the Taluk Land Board decided to reopen the matter. Subsequently by virtue of Ext.P11 order the Taluk Land Board found that there is no further necessity to reopen the matter and therefore, dropped the procedure to reopen the matter. At the same time, under Ext.P9 the Taluk Land Board made it clear that there are claims made by rival parties who are claiming independent right over the property and therefore, thought it fit to consider under Section 85(8) of the Kerala Land Reforms Act. 2. Since I am going to dispose of C.R.P.No528/1997 which is in connection with those lands, I feel no further orders are necessary in OP.No.11800/1992. But, I make it clear that, that lands which are found to be in the possession of outsiders are to be excluded from the ceiling area, that : 2 : O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 has to be worked out in that fashion. C.R.P.No.528 OF 1997: 3. This revision petition is filed by the Government against the order of the Taluk Land Board passed under Section 85(8) of the Kerala Land Reforms Act. The claimants therein would contend that they are in possession of the property altogether under a different lease and that the assesses (declarants) did not have any right or possession over those lands and therefore it cannot be considered for the purpose of fixing the ceiling limit of the said assesses. The Taluk Land Board had considered these cases categorizing it into three parambas (1) Parolla Paramba (2) Kinarulla Parolla Paramba and (3) Kuyyadi Paramba. So far as Porolla Paramba is concerned, the Taluk Land Board found that one Kanaran got it on an oral lease, from whom as per document No.858/1905 one Mannhi got it and the Taluk Land Board refers to the title deeds of the property right from 1905, 1941, 1959 and 1961. It was found in possession of one Kelappan in 1977, : 3 : O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 from whom petitioners 13 to 19 got the lands. So the Taluk Land Bord held that over this property neither the assesses nor their ancestors did have any right or possession. 4. The next point is regarding Kinaraulla Parolla Paramba. It belonged to Kurikatu Tharavad which was leased to one Karimpalam Kadungon, but later given to one Kunger in the year 1905, from whom the right devolved upon one Kannan in 1905 and from Kannan the right comes to one Mannhi and later obtained jenm directly. After 1963, the said land was sold away to some of the present claimants. So the Board found that assesses or their ancestors never had any right or possession of the property. 5. So far as Kuyyadi Paramba is concerned, the property belonged to Kurukatu Tharavad. Some devolution is stated as per the document Nos.858/1905 and 294/41 and in the year 1957, Cheeru, Kannan and Mani got their rights from their mother Mathu, who in turn obtained jenmom right from Moopil Stani Saler. There also the Board found : 4 : O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 that the ancestors of the assesses were never in possession of the property. 6. The learned Government Pleader would contend that there is no finding with respect to the persons in possession of the property on 1.1.1970. It has to be stated that the question that was considered by the Taluk Land Board was regarding the very right of the assesses or their ancestors in the property claimed by the petitioners under Section 85(8). It has to be further stated that the Board after considering all the documents had come into a definite decision regarding the right of the claimants which in turn totally rules out the claim of the assesses over the property. When the assesses or their ancestors have no right over the property claimed, the question of including those lands in the ceiling area to be fixed cannot be sustained. So really the position that who was in possession as on 1.1.1970 does not loom large for the solitary reason that assesses or their ancestors did not have any title or possession over the property claimed by the petitioners at any point of time. : 5 : O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 7. Therefore, I hold that the Taluk Land Board was perfectly justified in coming to the conclusion that 3.19 acres which is claimed by the petitioners under Section 85(8) are liable to be excluded from the ceiling area and so, the order under revision does not call for any interference. So, the revision fails and the same is dismissed. I also make it clear that in the light of this fact, the original petition also does not require further consideration and therefore, it is also dismissed. M.N. KRISHNAN, JUDGE. cl : 6 : O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 M.N. KRISHNAN, J. ........................................... O.P.NO.11800 OF 1992 & C.R.P.NO.528 OF 1997 ............................................. 3rd January, 2011. J U D G M E N T