IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 CRP.No. 421 of 2002(F) ---------------------- AGAINST THE ORDER DATED IN A-7SR.33/1973-KLM of TALUK LAND BOARD, KOTHAMANGALAM .................... REVN. PETITIONER: DEFENDANTS ------------------------------------- 1. PONNAMA GEORGE W/O. GEORGE, PEACHATTIL HOUSE, NELLIMATTOM, KOTHAMANGALAM. 2. SYRIAC GEORGE S/O. GEORGE, DO. DO. 3. MARY JHANCY D/O. GEORGE, DO. DO. 4. GEO GEORGE, S/O. GEORGE, DO. DO. 5. JESSIAMMA GEORGE, D/O. GEORGE DO. DO. 6. KOCHURANI D/O. GEORGE, DO. DO. 7. SALOMI GEORGEL, D/O. GEORGE, DO. DO. 8. SOPHIA GEORGE, D/O. GEORGE, DO. DO. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENTS: RESPONDENTS ------------------------ 1. THE TALUK LAND BOARD, KOTHAMANGALAM. 2. TAHSILDAR, KOTHAMANGALAM. 3. STATE OF KERALA - REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER FOR R1 TO 3 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 02/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER IN C.M.APPLICATION NO. 147 OF 2005 IN C.R.P. NO. 421 OF 2002 ALLOWED 3.6.2008 SD/ HARUN-UL-RASHID,JUDGE ORDER IN C.M.P. NO. 968 OF 2002 IN C.R.P. NO. 421 OF 2002 DISMISSED 3.6.2008 SD/ HARUN-UL-RASHID,JUDGE HARUN-UL-RASHID, J. ------------------------------------------ C.R.P No. 421 of 2002 ------------------------------------------- Dated this the 2nd day of June 2008 ORDER The revision petitioners are the legal heirs of the declarant in the ceiling case initiated by the Taulk Land Board Kothamangalam. They are aggrieved by the impugned order dated 19.12.2001 directing them to surrender 31.27.250 acres of land as excess land. 2. A verification report was obtained by the Taluk Land Board and a draft statement was issued to the declarant to surrender an extent of 31.27.250 acres of land. By that time the declarant died. This draft statement was objected by the revision petitioners (legal heirs of the declarant) . However the objections were overruled and T.L.B passed order dated 28.9.1976, The findings entered into in the draft statement was finalised, thereby the revision petitioners herein are directed to surrender 31.27.250 acres of land. In C.R.P No.4654/76 this Court set aside the order of the Taluk Land Board and the matter was remitted for fresh consideration and directed the Taluk Land Board to proceed only under Section 87 of the Kerala Land Reforms Act. Thereafter the State filed a review petition before this court and it was dismissed by this Court by an order dated 23.7.1979. The Taluk Land Board, thereafter issued a C.R.P No. 421 of 2002 2 notice under Section 85 (9) dated 21.8.1981 to re-open the proceedings Thereupon the legal heirs sought time for filing objections before the Taluk Land Board. The Taluk Land Board decided to re-open the case as per Section 85 (6) A of the KLR Act. Notice was issued to the revision petitioners. Challenging the notice the revision petitioners filed O.P No. 4506/1981 which was dismissed on the ground that the notice issued by the Taluk Land Board was withdrawn. Finally the Taluk Land Board issued a fresh draft statement to the legal heirs of the declarant. The legal heirs of the declarant submitted detailed objection statement. After rejecting the contentions of the revision petitioners the Taluk Land Board reiterated the earlier order directing the legal heirs of the declarant to surrender 31.27.250 acres. 3. The learned counsel for the revision petitioners brought to my notice clause (b) explanation to Section 85(1) of the Kerala Land Reforms Act and contended that transfer of land effected between the period 18.12.1957 and 15.9.1963 by a family or any member thereof or an adult unmarried person if the extent of land held or owned by such family or adult unmarried person as the case may be ,before the transfer was not in excess of the ceiling area specified in the Kerala Agrarian Relations Act 1961 and applicable to such family or adult married person. . In such cases the land under such transfer has to be exempted from the ceiling limit. C.R.P No. 421 of 2002 3 4. The counsel drew my attention to paragraph 3 of the objection. In the objection it is specifically stated the extent of land possessed by the declarant at the time when the Kerala Agrarian Relation Act 1961 is in force. According to the counsel the declarant was holding properties below the ceiling limit under the Kerala Agrarian Act 1961. In the same paragraph he has also given a description of the total extent of properties held by him along with his brother as on 1960. 4. At page 4 of the objection in paragraph 3 it is stated that the Kerala Agrarian Act 1961 was came into force the declarant's family was holding lands within the ceiling limit. According to the revision petitioners the sale effected in 1960 and 1962 for about 20 acres of land is liable to be exempted under the provisions quoted above. The counsel also contended that with regard to the balance land, a major portion of which are covered by rubber plantation, Coffee plantation and cardamom plantation etc. In the detailed objection filed, detailed descriptions are given for each and every items included by the Taluk Land Board for the purpose of computing the ceiling limit. According to the revision petitioners if the exemptions are properly taken into account the declarant may not liable to surrender any land as excess land. I have gone through the impugned order passed by the Taluk Land Board. The Taluk Land Board dealt with the transaction of 1960 and 1962 at page 3 of the impugned C.R.P No. 421 of 2002 4 order. The exemption claimed in respect of transfers of 1960 and 1962 for an extent of 1.54 acre, 7.90 acres and 10.22 acres respectively. The contentions raised in the objection with reference to the relevant provisions of the Kerala Land Reforms Act were not discussed or considered by the Taluk Land Board. In the context of the contentions raised, the Taluk Land Board ought to have first considered the question whether the declarant is entitled to exemption of approximately 20 acres covered by 1960 and 1962 transfers. In the light of Section 85(1) (b) of the Kerala Land Reforms Act, I direct the Taluk Land Board to reconsider the case afresh and consider each and every objection raised by the revision petitioners and pass orders afresh within a period of six months from the date of receipt of a copy of this order. In the result, this Civil Revision petition is disposed of. No order as to costs. HARUN-UL-RASHID, JUDGE es