IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 20TH FEBRUARY 2008 / 1ST PHALGUNA 1929 CRP.No. 979 of 2005() --------------------- CCTLB.434/1973 of TALUK LAND BOARD, MANANTHODY .................... REVN. PETITIONER: ------------------ STATE OF KERALA. BY GOVERNMENT PLEADER SMT. LATHA THANKAPPAN RESPONDENT: ------------- E.J.JOSEPH, ELANJIMATTOM, PAYYAMPALLY. BY ADV. SRI.K.J.KURIACHAN THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 20/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 979 OF 2005 -------------------------------------------- Dated this the 20th day of February, 2008 O R D E R The State of Kerala is the revision petitioner. By the impugned order dated 21.5.2003, the Taluk Land Board, Mananthavady gave exemption in respect of 6 acres of land in R.S. No.886/1B1A2, being rubber plantation. The State of Kerala being aggrieved by the exemption granted, challenged the order stating that there was no proper record to prove that the plantation has been raised prior to 1.4.1964. The State contended that the report of the authorised officer was not taken into consideration and, therefore, the exemption granted is not legal. 2. The Taluk Land Board relied on its own proceedings in SMC 2/86/Mananthavady dated 21.4.1988 which is a ceiling case initiated against one Kodakkachira Philip who is the father of the declarant's wife. In that case, the Taluk Land Board considered the same property, 6 acres in extent in the same survey number and granted exemption holding that the property in question is rubber plantation. The objection regarding the C.R.P.NO.979/2005 2 claim for exemption was considered by the Taluk Land Board. The Taluk Land Board noticed that the said 6 acres of land is already included in the ceiling case against the declarant in SMC 2/86/Mananthavady and that the same was exempted as per the proceedings mentioned above, being rubber plantation. The Taluk Land Board, therefore, rightly found that the exemption once granted in a similar case cannot be denied and that the nature of the land is continuing as such. The property in question was obtained by the wife of the declarant by a gift deed. The Civil Revision Petition is without merit and it is accordingly dismissed. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P.NO.979/2005 3 HAURN-UL-RASHID, J. C.R.P.NO.979/2005 O R D E R 20TH FEBRUARY, 2008