IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH FEBRUARY 2008 / 24TH MAGHA 1929 CRP.No. 912 of 2004(G) ---------------------- ( SM.323/1977 of TALUK LAND BOARD, OTTAPALAM ) REVN. PETITIONERS/ APPLICANTS: --------------------------------------------------- 1. P.K.MUHAMMED ALI, S/O. HAMZA, PADINJAREKKARA HOUSE, AKALOOR, LAKKIDI OLD, OTTAPPALAM, PALAKKAD DIST. 2. P.K.FAROOK, S/O. HAMZA, PADINJARAKKARA HOUSE, AKALOOR, LAKKIDI OLD, OTTAPPALAM, PALAKKAD DIST. BY ADV. SRI.N.N.SUGUNAPALAN (Sr.) RESPONDENTS/DECLARANTS: --------------------------------------------- 1. TALUK LAND BOARD, OTTAPPALAM, REPRESENTED BY ITS CHAIRMAN. 2. TAHSILDAR, OTTAPPALAM. 3. VILLAGE OFFICER, LAKKIDIPERUR NO.2, OTTAPPALAM. 4. JACOB, S/O. PAULOSE, KAREKKATTIL, AKALOOR DESOM, OTTAPPALAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT. SECRETARIAT, TRIVANDRUM. r5 BY GOVERNMENT PLEADER ADV. SHRI S. DILEEP. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 13/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: C.R.P. NO. 912 OF 2004 ORDER ON I.A.NO. 2224 OF 2004 IN C.R.P. NO. 912 OF 2004 DISMISSED. 13.02.2008 SD/- K.T. SANKARAN, JUDGE. /TRUE COPY/ P.A. TO JUDGE. K.T. SANKARAN, J. ................................................................................... C.R.P. No. 912 OF 2004 ................................................................................... Dated this the 13th February, 2008 O R D E R The petitioners filed claim petitions under section 85(8) of the Kerala Land Reforms Act in S.M. No. 323 of 1977 before the Taluk Land Board, Ottappalam. The Taluk Land Board rejected the claim petitions. The petitioners challenge the order passed by the Taluk Land Board to that extent. 2. In the S.M. proceedings, Poulose, the predecessor in interest of the fourth respondent was the assessee. By the final order, the assessee was directed to surrender an extent of 10 acres 31.50 cents . The claim petitioners claimed title to the property included in their applications under various documents executed by the assignees of the fourth respondent as well as by the fourth respondent. All those assignments were made after 01.01.1970. 3. The Kerala Land Reforms Act was amended by the Kerala Land Reforms (Amendment) Act 2005 (Act 21 of 2006). By the amendment, Section 7E and Section 84(4) were inserted. Section 7E reads as follows: “”7E. 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 C.R.P. No. 912 OF 2004 2 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.” In Section 84, sub-section (4) was also inserted, which reads as follows: “(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 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 C.R.P. No. 912 OF 2004 3 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. In view of the Amendment Act, the claim petitions filed by the petitioners are liable to be considered afresh. The Taluk Land Board shall render a finding as to whether the petitioners are entitled to the reliefs as per the amended provisions, after affording them an opportunity of being heard. The order passed by the Taluk Land Board to the extent it relates to the claims made by the petitioners is set aside and the matter is remanded to the Taluk Land Board for fresh disposal , in accordance with law and in the manner indicated above. K.T. SANKARAN, JUDGE. lk