IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND SEPTEMBER 2008 / 11TH BHADRA 1930 CRP.No. 320 OF 2007() --------------------- SMT.165/1976 of TALUK LAND BOARD, PERINTHALMANNA .................... PETITIONERS/REVN. PETITIONERS: -------------------------------------- 1. SMT.PATHUMMAKUTTY UMMA, W/O.MOHAMMEDKUTTY, PICHANPATTUPARA (PO), CHEMMANKADAVU, KODUR, MALAPPURAM DISTRICT. 2. RUKKIYA, D/O.P.T.AHAMMEDKUTTY, VALIYAPALATHINKAL, VALANCHERRY, MALAPPURAMVDISTRICT. 3. AYISHA, W/O.CHEKKU, CHAKKUTHODE, KOZHIPPURAM, MALAPPURAM DISTRICT. 4. KUNHATHUKUTTY, W/O.ABOOBACKER, KANNIAPPADI, KURUVA, MALAPPURAM DISTRICT. 5. KHADEEJA, W/O.AHAMMEDKUNHU, PICHANCHEERATHU, PONMALA, KOTTAKKAL, MALAPPURAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS/RESPONDENTS: ---------------------------------- 1. PILAYICHOLA MOHAMMED KASIM HAJI, KURUVA VILLAGE, MALAPPURAM DISTRICT. 2. SMT.KURUNIYAN SAFIA, D/O.KUNHI ARAMU, MATTATHUR, TIRUR, MALAPPURAM DISTRICT. 3. THE TALUK LAND BOARD, PERINTHALMANNA. (...2) CRP.320/07 (2) 4. THE TAHSILDAR, PERINTHALMANNA. 5. THE VILLAGE OFFICER, KURUVA VILLAGE. 6. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT R. BINDU FOR R3 TO 6 SRI.P.VIJAYA BHANU FOR R2 SRI.M.GEORGE THOMAS FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 2/9/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP 320/07 OR DER ON I.A.970 OF 2007 IN CRP 320 OF 2007 DISMISSED 2.9.2008 SD/- M. SASIDHARAN NAMBIAR, JUDGE. Okb/- /TRUE COPY/ P.A. TO JUDGE M. SASIDHARAN NAMBIAR, J. ------------------------------------------ C.R.P. NO. 320 OF 2007 ------------------------------------------ Dated this the 2nd day of September, 2008 O R D E R Revision petition is filed by legal heirs of the original declarant under Section 103 of Kerala Land Reforms Act challenging the order of Taluk Land Board dated 13.3.2007 directing to take possession of 53 cents from survey No.39/1 of Karinjappadi Desom of Kuruva Village being the remaining surplus land to be surrendered by the declarant. As per order dated 8.6.1993, Taluk Land Board, Perinthalmanna in SMP 165 of 1976 directed declarant P.T. Ahammed Kutty to surrender 11.25½ cents being the surplus land. This is to be surrendered from two survey numbers; survey No.38/1 having and extent of 2.29 cents and survey No.39/1 having an extent of 8.96½ Acres of Kuruva Village of Kanjirappadi Taluk. Out of the said surplus land 8.96½ cents comprised in survey No.39/1 was surrendered and the balance of 2.29 acres in survey No.38/1 was taken over on 15.3.1998. Out of this, first respondent claimed 1.50 acres and second respondent Safia claimed 21 cents and Aboobacker CRP.320/07 2 Siddique claimed 3 cents and Padalamkunnil Raman claimed 55 cents. When their claim petition was rejected, respondents 1 and 2 challenged that order before this Court in C.R.P.1694 of 1999. As per order dated 26.5.2005, the revision was allowed and Taluk Land Board was directed to consider whether sale of the properties in the possession of respondents 1 and 2 could be avoided and some other lands in the possession of the declarant could be taken. Thereafter the Taluk Land Board passed the impugned order on 13.3.2007. 2. As per that order, Taluk Land Board found that instead of 1.76 acres, as per order dated 8.6.1993 Taluk Land Board directed to take over 2.29 acres, which were taken possession from respondents 1 and 2 and Padalamkunnil Raman on 15.3.1998. After considering their claim, in view of the directions given in C.R.P.1694 of 1999, Taluk Land Board found that first respondent is only in possession of 17 cents as 1.40 acres which does not form part of the land included in the ceiling case of the declarant. Similarly, in respect of the land claimed by first respondent, it was found that as per order dated 8.6.1993 the entire area was excluded from surrender. It was found that declarant obtained the rights of his brother Kunhabdulla as per document No.2890 of 1962 and therefore CRP.320/07 3 the surplus land is to be surrendered. Taluk Land Board directed the Tahsildar to identify 8.39 acres and thereafter take 1.76 acres excluding 3.5 acres covered by document No.101 of 1972 claimed by first respondent and 1.50 acres claimed under purchase certificate 2878 of 1976 by Padalamkunnil Parangodan and Raman and 1.10 acres covered under purchase certificate 1119 of 1977and 53 cents exempted as a portion under Section 81 of the Act and the remaining 1.76 acres is to be taken possession as the balance surplus land from the property covered by document No.2890 of 1962 and the remaining balance of 53 cents is to be taken possession from survey No.39/1 of Karinjappadi Desom of Kuruva Village. The order is challenged in this revision petition. 3. Learned counsel appearing for petitioner argued that while directing the Tahsildar to identify 53 cents and take possession of that extent from survey No.39/1, the Taluk Land Board did not take into consideration the fact that the declarant or his legal heirs had alienated major portion of the property by registered documents before the crucial date on which the amended section 7E come into force with effect from 18.10.2006, which was inserted by Kerala Act 21 of 2006 and the order is to be quashed. The impugned order shows that CRP.320/07 4 though it was passed on 13.3.2007, after coming into force of section 7E of Kerala Land Reforms Act, its impact was not considered by Taluk Land Board if before the date specified by Act 21 of 2006 any portion of the property was alienated by the declarant or his legal heirs by registered document and the alienee has been in possession of that property on the date of coming into force of section 7E and such person is to be taken as a deemed tenant and if that be so, that extent is liable to be excluded. As the Taluk Land Board did not consider this aspect, the order passed in SMP 165 of 1976/L dated 13.3.2007 is quashed to the extent of direction to surrender 53 cents of land from survey No.39/1 of Kuruva Village. Taluk Land Board is directed to reconsider the said aspect in the light of the amended section 7E of Kerala Land Reforms Act and pass appropriate order in accordance with law. Revision petition is disposed accordingly. M. SASIDHARAN NAMBIAR, JUDGE Okb/-