IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 1ST JANUARY 2008 / 11TH POUSHA 1929 CRP.No. 1446 of 2000(E) AGAINST THE ORDER DATED 20.5.1999 IN CR.325/1973 OF TALUK LAND BOARD, TIRUR REVN. PETITIONER: APPELLANT: STATE OF KERALA BY GOVERNMENT PLEADER SRI.THOMAS JOHN AMBOOKAN RESPONDENTS: RESPONDENTS: 1. K.T.KAIDIYAKUTTY, W/O. K.T.MOIDEEN, KUNNATHU THATTARAVALAYIL, KATTIPPARUTHY, VALANCHERY, MALAPPURAM. 2. FATHIMAKUTTY, D/O.LATE K.T.MOIDEEN, KUNNATHU THATTARAVALAYIL, KATTIPPARUTHY, VALANCHERY. 3. SAFIA, D/O.LATE K.T.MOIDEEN, KUNNATHU THATTARAVALAYIL, KATTIPPARUTHY, VALANCHERY. 4. KUNHEERYIA, D/O.LATE K.T.MOIDEEN, -DO- -DO- 5. K.T.RAZIA, D/O.LATE K.T.MOIDEEN, -DO- -DO- 6. K.T.RASHEED, S/O.K.T.MOIDEEN, -DO- -DO- 7. CHOLAKKAL MUHAMMED, S/O.MAMMI, KATTIPPARUTHY P.O., VALANCHERY, MALAPPURAM DISTRICT. 8. PARUTHIKUNNAN KHADIJA, W/O.PARAKUNDIL ABOOBACKER, KARIPPOL P.O., MALAPPURAM DISTRICT. 9. UMMINIYATTIL MUSA HAJI, S/O.MOIDEENKUTTY HAJI, KARIPOL P.O., MALAPPURAM DISTRICT. 10. PARAMMAL IYSHA, D/O.IBRAHIM, W/O.KALLUVETTI HUSSIAN, KARIPOL P.O., MALAPPURAM DISTRICT. 11. MARIAM, W/O.KARINKAPPARA KUNHEETHUTTY, KARIPOL P.O., MALAPPURAM DISTRICT. 12. VALIAPEEDIKAKAL ASHRUF, S/O.SAIDALI HAJI, PARAVANNOR, KALPAKANCHERY, MALAPPURAM DISTRICT. 13. KIZHEKEPURATHU SAIDU THALAVI KOYAL THANGAL, W/O.SAIDU MUHAMMED KOYA THANGAL, KARIPOL P.O., MALAPPURAM DISTRICT. 14. PARAKUNDIL MUHAMMED KUTTY, S/O.SOOPI HAJI, KARIPOL P.O., VIA.VALANCHERY, MALAPPURAM DISTRICT. 15. KOOTTALA MOIDUTTY, S/O.ENUDHEENKUTTY HAJI, KARIPOL P.O., VIA.VALANCHERY, MALAPPURAM DISTRICT. 16. KATTUNKAL FATHIMAKUTTY, THIRUVAKALATHIL, ALIYAMU, VALIAPARAPPUR, ANANTHAVUR. 17. A.V.AYISHA, W/O.KARIMBINGAL HAMZA, KARIPOL P.O., MALAPPURAM DISTRICT. R12 & R13 BY ADVS. M/S.V.N.ACHUTHA KURUP (SR.) AND B.SWATHI KUMAR R7 TO R10 & R14 TO R16 BY ADV. SRI.T.KRISHNAN UNNI R1 TO R6 BY ADV. SRI.A.KRISHNAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- C.R.P. NO. 1446 OF 2000 E -------------------------------------------- Dated this the 1st January, 2008 O R D E R State of Kerala is aggrieved by the order dated 20.5.1999, passed by the Taluk Land Board, Tirur, by which the claim petitions filed by respondents 7 to 9, 12 to 15 and 17 were allowed and the relief of exclusion of the land claimed by respondents 10, 11 and 16 from the lands to be surrendered, was granted. 2. The Taluk Land Board passed the final order dated 2.2.1996 and erratum order dated 17.7.1996, holding that the declarant K.T.Moitheen, the predecessor in interest of respondents 1 to 6 herein, was liable to surrender an extent of 9.94 acres equivalent to 5.06 standard acres. Respondents 7 to 17 filed claim petitions under Section 85(8) of the Kerala Land Reforms Act. In the case of respondents 10, 11 and 16, the Taluk Land Board held that they claimed title under the declarant and that the transactions are hit by Section 84 of the Act. However, in respect of the lands claimed by them, the Taluk Land Board granted a lesser relief of exemption from taking possession of those lands as excess lands. Instead of taking those lands, other lands belonging to the declarant were ordered to be taken possession of. In so far as claims preferred by C.R.P. NO.1446 OF 2000 :: 2 :: respondents 7 to 9, 12 to 15 and 17 are concerned, the Taluk Land Board held that they are claiming title in respect of the lands claimed by them respectively, as per documents which came into existence long before the commencement of the Kerala Land Reforms Act. The Taluk Land Board also relied on the report submitted by the Authorised Officer that in respect of the lands claimed by those respondents, the declarant was not in possession. Considering the documentary evidence and the Authorised Officer's report, the Taluk Land Board allowed the claim petitions filed by respondents 7 to 9, 12 to 15 and 17 in full. On going through the order passed by the Taluk Land Board, I am of the view that the Taluk Land Board was right in allowing the claim petitions filed by those respondents. In respect of the claim petitions filed by respondents 10, 11 and 16, the Taluk Land Board rightly held that the claimants are not entitled to get protection as the transactions are hit by Section 84 of the Act. Accordingly, the Taluk Land Board did not exclude the lands claimed by them from the total extent of land held by the declarant. Therefore, the State cannot be said to be much aggrieved by relief granted to respondents 10, 11 and 16, since the total extent to be surrendered by the declarant is not reduced by granting the lesser relief to respondents 10, 11 and 16. There is no case for the State that the declarant is not in possession of other lands and that the direction issued by the Taluk Land Board to the declarant to surrender an extent of 6.46 C.R.P. NO.1446 OF 2000 :: 3 :: acres of land cannot be implemented. More over, the Kerala Land Reforms (Amendment) Act, 2005 (Act 21 of 2006) protects an assignee from a declarant or a person claiming under a declarant in certain circumstances. Section 7E was inserted by Act 21 of 2006. Section 7E reads as follows: “”7 E. Certain persons who acquired lands to be deemed tenants:-- Notwithstanding anything to the contrary contained in 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 C.R.P. NO.1446 OF 2000 :: 4 :: 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. 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.” In view of Act 21 of 2006, the Taluk Land Board could grant larger relief to respondents 10, 11 and 16. In these circumstances, I am not inclined to interfere with the order passed by the Taluk Land Board. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. (K.T.SANKARAN) Judge ahz/ K.T.SANKARAN, J. ------------------------------------------- ------------------------------------------- C.R.P.NO. 1446 OF 2000 O R D E R 1st January, 2008 -------------------------------------------