IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 CRP.No. 860 of 2003() --------------------- TLB(Q) 6/1989 of TALUK LAND BOARD, QUILANDY .................... PETITIONER: ------------------ T.K.BALAN, CHANDANAMKANDIYIL, BALUSSERY VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. (EXPIRED) – LR'S IMPLEADED: 1. K.K. VISWAMATHI, W/O. T.K.BALAN, CHANDANAMKANDIYIL, BALUSSERY VILLAGE, KOYILANDY TALUK, KOZHIKODE DISTRICT. 2. T.K. LEKHA, D/O. T.K.BALAN, ..DO...... 3. T.K. DILEEP KUMAR, S/O.T.K. BALAN, ...DO.... 4. T.K. LEENA, D/O.T.K.BALAN, ....DO..... 5. T.K. SUDHEER, S/O.T.K.BALAN, ...DO.... 6. T.K. RAJESH, S/O.T.K. BALAN, ...DO..... ARE IMPLEADED AS THE LEGAL HEIR OF THE DECEASED PETITIONER VIDE ORDER DTD. 6/12/07 IN I.A.NO.2999/07 IN C.R.P.860/03. BY ADV. SRI.P.K.SURESH KUMAR SRI.K.P.SUDHEER Kss ...2/- ....2..... C.R.P.NO.860/2003 RESPONDENTS: ------------------------ 1. THE TALUK LAND BOARD, KOYILANDY, REPRESENTED BY ITS CHAIRMAN. 2. THE TAHSILDAR, KOYILANDY TALUK, KOYILANDY, KOZHIKODE DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. R. BINDU THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 07/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss ORDER ON C.M.P.NO.2070./2003 AND I.A.NO.2254/2004 IN C.R.P.NO.860/2003 DISMISSED 7/01/2008 SD/-M.N.KRISHNAN, JUDGE /TRUE COPY/ P.A.TO JUDGE Kss M.N. KRISHNAN, J. = = = = = = = = = = = = = = C.R.P. NO. 860 OF 2003 = = = = = = = = = = = = = = = Dated this the 7th day of January, 2008. O R D E R This revision petition is preferred against the order of the Taluk Land Board Koyilandy in TLB(Q)6/89. It is contended that the Taluk Land Board did not consider the question regarding the status of the family of the assessee. Under the Kerala Land Reforms Act a 'family' means husband, wife and their unmarried minor children or such of them as exist and Section 82(1)(b) deals with a family up to 5 members and 82(c) deals with a family which consists of more than 5 members. Upto 5 members the standard acres they can possess is 10 acres which can extent upto ordinary 15 acres of land and so far as additional family members are concerned ceiling area has to be increased by one standard acre for each member in excess of 5 and so however when the ceiling area shall not be more than 20 acres of land. For the said purpose the conversion of standard acre into ordinary and these are necessary prerequisites. One cannot find fault with the Taluk Land Board because they were only CRP NO. 860 of 2003 -:2:- concerned with the order of remand by this Court. The question that was posed in the previous C.R.P. is only with respect to exemption of the land purchased in 1978 which according to the assessee is a rubber plantation totally exempted under the provisions of the Kerala Land Reforms Act. The contention was that slaughter tapping was done and it was replanted which also had been completely destroyed. However it did not find in favour of them by the Taluk Land Board. They also raised a contention that they are statutory family consisting of 7 members and therefore the Taluk Land Board should consider that aspect. It is submitted that they have also produced relevant documents to establish the same. The Taluk Land Board did not consider it for the reason that it is not covered by the scope of remand. It has to be borne in mind that the ceiling provisions are stringent provisions whereby the ownership and possession of property by an individual or the family is attempted to be restricted by the provisions of the Act. When it is proved that there is a statutory family which is having more than 5 members then the provisions of the ceiling area prescribes the mode of calculation under Section 82(c). Just because there is CRP NO. 860 of 2003 -:3:- omission in an earlier opportunity not to plead, it shall not be taken as a ground to do injustice to the party and refuse the entitlement if they are really entitled to do so. Therefore I feel an opportunity has to be given to the assessee to prove the said factor. So the order under challenge is set aside and the matter is remitted back to the Taluk Land Board with a direction to consider regarding the status of the family by the assessee and then apply S.82 of the Kerala Land Reforms Act, find out the entitlement and pass revised orders in accordance with law. For the said purpose both parties are permitted to produce documentary as well as oral evidence in support of their respective contentions. The Taluk Land Board is directed to issue registered notice with acknowledgment due to the assessee in the case for fixing the date of hearing. The C.R.P. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/- CRP NO. 860 of 2003 -:4:- M.N. KRISHNAN, J. = = = = = = = = = = C.R.P. No. 860 OF 2003 = = = = = = = = = = = O R D E R 7th January, 2008.