IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 14401 of 2008(M) -------------------------------------- PETITIONER: ------------------ A.MOHAMMED, S/O. LATE KUNHALAVI HAJI, ACHIPRA HOUSE, P.O.BEEMANAD, KOTTOPPADAM, MANNARKKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.P.M.POULOSE RESPONDENTS: ----------------------- 1. THE TALUK LAND BOARD, MANNARKKAD, PALAKKAD DISTRICT, REPRESENTED BY ITS CHAIRMAN. 2. THE DISTRICT COLLECTOR, OFFICE OF THE DISTRICT COLLECTOR, PALAKKAD. 3. THE THAHSILDAR, MANNARKKAD TALUK, PALAKKAD DISTRICT. GOVERNMENT PLEADER SMT.SREELATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 14401/2008-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REVISED ORDER DATED 24/03/1980 OF THE TALUK LAND BOARD. EXT.P2: COPY OF THE REPORT DATED 16/12/94 BY THE THAHASILDAR TO DISTRICT COLLECTOR. EXT.P3: COPY OF THE PETITION DATED 14/02/1995 BY THE ASSESSEE. EXT.P4: COPY OF THE REPORT NO.C2426/81 DATED 29/07/1995 OF THE THAHSILDATR. EXT.P5: COPY OF THE NOTIFICATION DATED 26/02/2008 WHICH APPEARED IN THE MALAYALA MANORAMA DAILY. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V. GIRI, J. ------------------------------- WP(C).NO. 14401 of 2008 --------------------------------- Dated this the 3rd day of October, 2008 JUDGMENT The petitioner's father late Kunhalavi Haji was an assessee under the Kerala Land Reforms Act. CC.No.140/73 was registered for determination of the total extent of land lying in the credit of the account of the assessee. As per the draft statement originally issued he was alleged to be in possession of 35.74 acres and the Taluk Land Board passed an order dated 22.11.1975 directing the statutory family to surrender 8.04 acres of land from RS.No.49/1A of Kottoppadam village in Mannarkkad Taluk. According to the petitioner, the said order permitted the family to retain 20 acres of land. The order was confirmed by this court in CRP.No.2703/1975 filed by the assessee. But later the donees of certain gifts alleged to be protected as per section 84(1)A of the Act prayed for exclusion of the land gifted in their favour and as per Ext.P1 order the Taluk Land Board passed a revised order determining the total extent of land to be surrendered by the assessee as 3.52 acres in survey No.49/1A of Kottoppadam village. Apparently, one Achipra Kunhahamed filed a claim petition claiming the right over the said land and his claim was ultimately allowed by this court in CRP.No. 1075/80. The revised order passed WPC. 14401/2008 2 by the Taluk Land Board even according to the petitioner became final. According to the petitioner the assessee's liability to surrender 3.52 acres of land out of the total extent held by the assessee (thereafter by his legal heirs) has become final. 2. The grievance of the assessee is that the lands have not been clearly identified and there is an attempt to assign portion of the land otherwise permitted to be retained by the assessee in favour of agricultural labourers and landless persons. It is therefore that the petitioner filed Ext.P3 representation before the Tahsildar seeking measurement and demarcation of the property which the State is eligible to take over as excess land and proceed with the assignment of the land under the provisions of the Land Reforms Act. 3. A Counter affidavit has been filed on behalf of the respondents. Reference is made to various proceedings under the Taluk Land Board as stated above. Entitlement of the family to retain 20 acres as ceiling area is not disputed. But the respondent has raised a contention that the total extent of the land in survey No.49/1 A of Kottopadam village as stated by the assessee is not correct. 4. Having heard learned counsel on both sides, I am of the view that the respondent should demarcate the property as referred to in the original draft statement issued by the Taluk Land Board and also WPC. 14401/2008 3 refer to the final order of the Taluk Land Board and identify the land to be surrendered by the assessee. The lands which are permitted to be retained by the assesseee can therefore be identified. So also the land which are surrendered as excess land should be identified and that should be demarcated. If any excess land has been taken possession from either the assessee's family or any person claiming through the assessee, then the boundaries may be fixed and thereafter distribution of the same to the eligible persons under the provisions of the Land Reforms Act will be continued. This process may be completed within four months from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. pmn/ WPC. 14401/2008 4