IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 CRP.No. 3051 of 2000(I) AGAINST THE ORDER DATED 14.7.2000 IN TLB.119/1973/MNTDY OF THE TALUK LAND BOARD, MANANTHAVADY REVN. PETITIONERS: 1. K.P.DEVAKI AMMA, KOLAYOTH HOUSE, P.O.ARATTUTHARA, PAYYAMPALLY VILLAGE. 2. K.P.LAKSHMI AMMA, KOLAYOTH HOUSE, P.O.ARATTUTHARA, PAYYAMPALLY VILLAGE. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER RESPONDENTS: 1. THE TALUK LAND BOARD, MANANTHAVADY, REPRESENTED BY ITS CHAIRMAN, WAYANAD DISTRICT. 2. THE TAHSILDAR, MANANTHAVADY TALUK, WAYANAD DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.S.DILEEP THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.M.P.NO.6188/2000 IN C.R.P.NO.3051/2000 DISMISSED 29/02/2008 SD/- K.T.SANKARAN, JUDGE //TRUE COPY// AHZ/ K.T. SANKARAN, J. ................................................................................... C.R.P.No. 3051 OF 2000 ................................................................................... Dated this the 29th February, 2008 O R D E R The application filed by the petitioners under Section 85(8) of the Kerala Land Reforms Act was rejected by the Taluk Land Board, Mananthavady in TLB. 119/73 by order dated 14.07.2000. This order is under challenge in this Revision. 2. The declarant M.P. Kannan Nair was the sole surviving member of the family and was entitled to hold an extent of 7.50 acres of land. The ceiling case against him was disposed of on 16.01.1976. Later, the proceedings were re-opened under section 85(9A) of the Kerala Land Reforms Act. In the revised draft statement, the total extent of land included in the account of the declarant was 15.21 acres. The declarant was directed to surrender an extent of 6.45 acres. The declarant contended that he had gifted several items of property to his major children and that an extent of 7 acres of land was transferred to Kunhiraman Nair, the predecessor-in-interest of the petitioners herein, as per registered document No.1224 of 1965. The Taluk Land Board held that the transaction in favour of Kunhiraman Nair was invalid under section 84 of the Kerala Land Reforms Act. The claim petition filed by the petitioners was accordingly rejected. 3. After the the order was passed by the Taluk Land Board and after the Revision was filed, the Kerala Land Reforms Act was amended by the Kerala Land Reforms (Amendment) Act 2005 (Act 21 of 2006). By the amendment, Section 7E and Section 84(4) were inserted. The aforesaid provisions read as follows: “”7 E. Certain persons who acquired lands to be deemed tenants:-- Notwithstanding anything to the contrary contained in C.R.P.No. 3051 OF 2000 2 section 74 or section 84 or in any other provisions of this Act, or in any other law for the time being in force or in any contract, custom or usage, or in any judgment, decree or order of any court, tribunal or other authority, a person who at the commencement of the Kerala Land Reforms (Amendment) Act, 2005, is in possession of any land, not exceeding four hectares in extent, acquired by him or his predecessor- in-interest by way of purchase or otherwise on payment of consideration from any person holding land in excess of the ceiling area; during the period between the date of the commencement of the Kerala Land Reforms Act, 1963 (1 of 1964), and the date of commencement of the Kerala Land Reforms (Amendment) Act, 2005, shall be deemed to be a tenant.” In Section 84, sub-section (4) was also inserted, which reads as follows: “(4) Notwithstanding anything contained in sub-sections (1), (1 A) or (2), or in any judgment, decree, or order of any court, tribunal or other authority, no acquisition of land referred to in section 7E shall be deemed to be invalid, or ever to have been invalid by reason only of the fact that the land so acquired was found included as, or forming part of, the land liable to be surrendered by the transferor as excess land under the provisions of this Act and no suit or other proceedings including proceedings for eviction relating to the said land shall be instituted, maintained or continued in any court or tribunal against any person who is a deemed tenant under section 7E and every such suit or proceedings pending shall stand abated; Provided that, no ceiling cases wherein excess land has been physically taken over and distributed to landless labourers or reserved for public purposes as provided in this Act shall be reopened. C.R.P.No. 3051 OF 2000 3 Provided further that if the Taluk Land Board is satisfied that the transfer of land made by a person, in possession of excess land is calculated to defeat the ceiling provisions, it may take into account the land so transferred in determining his ceiling area and may direct him to surrender such extent of land held or possessed by him. Provided also that no ceiling cases or proceedings in which any land has already been surrendered by, or assumed from, a person as excess land before the commencement of the Kerala Land Reforms (Amendment) Act, 2005, shall be reopened.” 4. In view of the aforesaid amendment, the order passed by the Taluk Land Board cannot be sustained. It is a matter for decision by the Taluk Land Board as to whether the petitioners would be entitled to the benefit of the Kerala Land Reforms (Amendment) Act, 2005 (Act 21 of 2006 ). In view of the subsequent developments, it is necessary to remand the case to the Taluk Land Board for fresh disposal. 5. For the aforesaid reasons, the Civil Revision Petition is allowed. The order passed by the Taluk Land Board is set aside and the case is remanded to the Taluk Land Board for fresh disposal of the claim petition filed by the petitioners. No order as to costs. K.T. SANKARAN, JUDGE. lk C.R.P.No. 3051 OF 2000 4 K.T. SANKARAN, J. ........................................................ C.R.P. No. 3051 OF 2000 ......................................................... Dated this the 29th February, 2008 O R D E R