IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 CRP.No. 1052 of 2005() ---------------------- TLB.15618/1992 of TALUK LAND BOARD, TRIVANDRUM .................... REVN. PETITIONER(S)/DECLARANT: --------------------- G.KAMALAKSHY AMMA, VALIYAVILAKATHU PUTHEN VEEDU, ANAD, NEDUMANGAD TALUK, TRIVANDRUM DISTRICT. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVT., SECRETARIAT, TRIVANDRUM. 2. THE TALUK LAND BOARD, TRIVANDRUM. GOVERNMENT PLEADER SRI. L.G. SURESH BABU FOR R1 & 2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON 14/11/2008 PASSED THE FOLLOWING: ORDER IN I.A. NO. 3421 OF 2005 IN C.R.P. NO. 1052 OF 2005 DISMISSED 14.11.2008 Sd/-(HARUN-UL-RASHID, JUDGE) HARUN-UL-RASHID, J. -------------------------------------------- C.R.P. NO. 1052 OF 2005 -------------------------------------------- Dated this the 14th day of November, 2008 O R D E R This Civil Revision Petition is filed by the declarant challenging the order dated 30.6.2005 in Proceeding No.TLB.15618/92(TLB 188/73) on the file of the Taluk Land Board, Thiruvananthapuram. 2. This case has a chequered history. Orders were passed by the Taluk Land Board and this Court in the years 1976, 1980, 1983, 1984, 1988, 1990, 1992, 1993, 2004 and 2005. I am not referring to the proceedings passed by the Taluk Land Board and the subsequent challenge against those orders in revision before this Court since those are not necessary for the disposal of this revision. 3. To start with, I shall refer to the final order passed by this Court in C.R.P. No.2358 of 1992 dated 22.2.1993. This Court in the said order observed that the entire matter deserved to be reconsidered, that there has been a lot of confusion as regards the extent of property of the petitioner C.R.P. NO.1052/2005 2 and the excess land, if any, that she is liable to surrender. This Court further observed that a quietus has to be given to the controversy and it is only in the fitness of things that the Land Board decides the matter once for all after giving the petitioner an effective opportunity of sustaining her contentions which will be confined to the extent of land, exemptions that could be claimed and the surplus land, if any, that has to be surrenderd. By the proceedings dated 3.10.1980 of the Taluk Land Board, the total extent of land held by the declarant was 12.73.540 acres and the extent of land to be surrendered was fixed at 3.27.667 acres. The extent already taken over was 2.23.540 acres and the balance extent to be surrendered was 1.04.127 acres. Subsequently, by the order dated 9.2.1984, the Taluk Land Board directed the declarant to surrender 1.04.127 acres of land comprised in Survey No. 1050 of Palode Village taking into account the extent of land already surrendered. Subsequently, the said extent was also taken over by the authorities. Pursuant to the order passed by this Court in C.R.P. No.1861 of 1984, the Taluk Land Board as per proceedings dated 29.1.1990 found that the declarant is not liable to surrender any excess land. In another proceedings which was later initiated, the Taluk Land Board reviewed the earlier order and a revised order was passed on 10.4.1992 cancelling the earlier order. The said order was again challenged before this Court and as per order dated 10.11.1992 in C.R.P. C.R.P. NO.1052/2005 3 No.2358 of 1992, this Court directed the Taluk Land Board to reconsider the entire matter and to decide the same once for all. 4. The revision petitioner submitted a review petition under Rule 136 A of the Kerala Land Reforms (Tenancy) Rules, 1970 to rectify certain alleged patent mistakes in the order. The revision petitioner contended that the extent of 7.12 acres allowed to be held is seen computed by including the entire area of 4.03 acres in Survey No.1050 of Palode Village without taking into account the two acres of land already taken over and distributed and 1 acre and 4.127 cents kept under the management of the Village Officer. It is further submitted that 2.23.540 cents of land already taken over was distributed to landless persons and the balance 1.04.127 acres subsequently taken over was kept under the management of the Village Officer. It is submitted by the revision petitioner/declarant that she is entitled to retain 7.50 acres of land subject to a maximum of 5 standard acres under Section 82(1)(a) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as "the K.L.R. Act") and prays for a direction to the Taluk Land Board to reconvey an extent of 38 cents from 1 acre 4.127 cents already taken over from Survey No. 1050 of Palode Village and kept under the management of the Village Officer so that she can have 7.50 acres of ordinary acres. I feel that there is force in C.R.P. NO.1052/2005 4 the contention raised by the revision petitioner. Therefore, the declarant is entitled to reconveyance of an extent of 38 cents of land in Survey No.1050 of Palode Village. 5. The next contention of the declarant is that she is entitled to claim at least one acre from Survey No.1016/6 of Anad Village and 1.50 acres from Survey No. 1051/2 of Palode Village for convenient enjoyment of dwelling house, cattle sheds and threshing ground and for undertaking agricultural operations in the said property as provided under clause (m) of Section 81(1) of the K.L.R. Act. It is submitted that the Taluk Land Board granted exemption only in respect of 77.873 cents of land in Survey No.1016/6 of Anad Village and 1 acre from Survey No.1051/2 of Palode Village. 6. In the nature of the contentions raised and the bona fide prosecution of this case for the last several decades, I feel that a further exemption under clause (m) of Section 81(1) of the K.L.R. Act is necessary for the convenient enjoyment of the dwelling house, cattle sheds and threshing grounds which are spread over the entire property. Therefore, I exempt another 72 cents in Survey No.1016/6 of Anad Village. 1.04.127 acres of land has been taken possession of by the C.R.P. NO.1052/2005 5 authorities in addition to 2.23.540 acres already taken over and distributed to landless persons. The Taluk Land Board is directed to issue necessary directions to the officer in charge to reconvey 1.04.127 acres of land to the declarant. Total extent of land now exempted under the two heads will come to 1 acres 10 cents. But, it is seen that only 1.04.127 acres of land is at present retained by the revenue officials. The balance extent is distributed to the landless persons. Therefore, exemption is limited to 1.04.127 acres which shall be reconveyed to the declarant. Thus, the total extent of land to be surrendered is limited to 2.23.540 acres. In the result, the order under challenge is set aside. The Civil Revision Petition is allowed to the extent indicated above. There will be no order as to costs. (HARUN-UL-RASHID, JUDGE) sp/ C.R.P. NO.1052/2005 6 HAURN-UL-RASHID, J. C.R.P. NO. 1052/2005 O R D E R 14th November, 2008