IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 CRP.No. 1095 of 2000(E) ----------------------- (TLB.1648/1973 /TBA of TALUK LAND BOARD, TALIPARAMBA ) REVN. PETITIONER/RESPONDENT: --------------------------------------------------- KANIYERI UNNIKRISHNAN, S/O. PARVATHI AMMA, AGED 34, COOLIE, KALLIAT AMSOM DESOM, P.O. KALLIAT, KANNUR DISTRICT. BY ADV. SRI.C.KRISHNAN(KANNUR) ADV. SRI.A.MOHAMED MUSTAQUE RESPONDENT/PETITIONER: ---------------------------------------- 1. K.T. RAMAKRISHNAN NAMBIAR, S/O. KUNHAMBU NAIR, AGED 70, NO OCCUPATION, KALLIAT AMSOM, P.O. THEROOR, KANNUR DISTRICT. 2. THE TALUK LAND BOARD, TALIPARAMBA, KANNUR DISTRICT. 3. STATE OF KERALA, REPRESENTED BY GOVERNMENT PLEADER, HIGH COURT OF KERALA, ERNAKUALM. BY GOVERNMENT PLEADER SHRI S. DILEEP. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/01/2008, S THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P. NO. 1095 OF 2000 ORDER ON C.M.P. NO. 2258 OF 2000 IN C.R.P. NO. 1095 OF 2000 DISMISSED. 03.01.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 1095 OF 2000 ................................................................................... Dated this the 3rd January, 2008 O R D E R The petitioner is a claimant under section 85(8) of the Kerala Land Reforms Act in respect of an extent of 25 cents of land. As per the final order in TLB.1648/73/TBA, Taluk Land Board, Taliparamba, an extent of 27 acres 31.50 cents belonging to the declarant was ordered to be taken possession of as excess land. The petitioner herein and several others filed claim petitions under section 85(8) of the Kerala Land Reforms Act. The Taluk Land Board dismissed the claim petitions as per the order impugned in this Revision. 2. The petitioner herein claims title to the property as per document No.2041 of 1979 dated 05.10.1979 executed by one Raghavan Nambiar in his favour. Raghavan Nambiar got the property as per the registered document dated 15.02.1972 executed by one Kumaran in his favour. In the document dated 15.02.1972 executed by Kumaran in favour of Raghavan Nambiar , it is stated that the property dealt with therein belonged in jenmam to Kalyat Thazhathu and the property was outstanding on an oral lease for a period of 12 years. Raghavan Nambiar obtained the purchase certificate from the Land Tribunal as per the order in O.A.NO.713 of 1974. The Taluk Land Board rejected the claim petition filed by the petitioner on the ground that the claimant has not proved beyond doubt that the property was in his possession or possession of his predecessor in interest before 15.09.1963. 3. The learned counsel for the petitioner submitted that in view of the Kerala Land Reforms (Amendment )Act 2005 (Act 21 of 2006), the petitioner is entitled to the reliefs prayed for in the claim petition. By the amendment Act 21 of 2006, Section 7E C.R.P. No. 1095 OF 2000 2 was inserted. Similarly sub-section (4) of Section 84 was also inserted. These amended provisions read 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.” Section 84, sub-section (4) : “(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 C.R.P. No. 1095 OF 2000 3 is a deemed tenant under section 7E and every 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.” 4. The Taluk Land Board has not evidently considered the availability or otherwise of the benefit of Act 21 of 2006 in favour of the petitioner. Act 21 of 2006 came into force subsequent to the disposal of the claim petition by the Taluk Land Board. In view of the subsequent legislation, I am of the view that the Taluk Land Board shall dispose of the claim petition filed by the petitioner afresh in the light of the Act 21 of 2006. It is made clear that I have not expressed any view on the maintainability of the application or on the availability of the benefit of the Act 21 of 2006 in favour of the petitioner. The remand is made to the Taluk Land Board only on the basis of the materials furnished in the claim petition and the details available in the documents C.R.P. No. 1095 OF 2000 4 produced along with the claim petition. It is for the petitioner to prove that he is entitled to the benefit of the Act 21 of 2006. In the result, the Civil Revision Petition is allowed. The order impugned in so far as it relates to the petitioner is set aside and the matter is remanded to the Taluk Land Board for fresh disposal of the claim petition filed by the petitioner in accordance with law and in the light of the provisions of the Kerala Land Reforms (Amendment) Act, 2005 (Act 21 of 2006 ). No order as to costs. K.T. SANKARAN, JUDGE. lk C.R.P. No. 1095 OF 2000 5 K.T. SANKARAN, J. ........................................................ C.R.P. No. 1095 OF 2000 ......................................................... Dated this the 3rd January, 2008 O R D E R