IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 CRP.No. 868 of 2005 --------------------------------- SM.1/1992 of TALUK LAND BOARD, OTTAPALAM .................... REVN. PETITIONER/PETITIONER: P.M.YOUSUF HAJI, S/O.MOIDU HAJEE, PARAMBIL HOUSE, P.O.KONDURKARA, VIA PATTAMBI, PALAKKAD DISTRICT.(DIED) SUPPLEMENTAL PETITIONERS 2. P.Y.KHADEEJA, D/O LATE P.M.YOOSUF HAJI. 3. P.Y.MOHAMMEDUNNI, S/O. DO. DO. 4. P.Y.KUNHIMOIDU, DO. DO. 5. P.Y.AYISHAKUTTY, D/O. DO. DO. 6. P.Y.MOOSAKUTTY, S/O. DO. DO. All are residing at Parambil House, P.O.Kondurkara, (via) Pattambi, Palakkad District. BY ADV. SRI.V.CHITAMBARESH (SR.) SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.JIBU P THOMAS RESPONDENT(S): 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE TALUK LAND BOARD, OTTAPPALAM, PALAKKAD DISTRICT. ADDL. RESPONDENTS 3 & 4 3. KHADEEJA, W/O P.M.YOOSUF HAJI, RESIDING AT ALANCHERRY HOUSE, SHORNUR, PALAKKAD DIST. 4. P.Y.ALI, S/O LATE P.M.YOOSUF HAJI, RESIDING AT PARAMBIL HOUSE, P.O.KONDURKARA, VIA PATTAMBI, PALAKKAD DISTRICT. Supplemental petitioners 2 to 6 & Addl. respondents 3 & 4 are impleaded as the legal heirs of the deceased petitioner vide order dt. 3.1.08 on IA 3187/07. R1 & R2 BY GOVT. PLEADER SRI.MATHEW VADAKKEL ADDL. R4 BY ADV. SMT.VALSA.M.R. THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: K.P. Balachandran, J. ----------------------- C.R.P.No.868 of 2005 ----------------------- ORDER Petitioner, who was the declarant in S.M.No. 1/92 on the file of the Taluk Land Board, Ottappalam, is the revision petitioner. During the pendency of this revision, the revision petitioner died and his legal representatives are impleaded as supplemental petitioners 2 to 6. They challenge the order passed by the Taluk Land Board in the said proceedings, whereby, the petitioner/declarant was ordered to surrender an extent of 40 acres, 14 cents and 750 sq. links of land, which according to the Board, was the land held by the declarant in excess of the ceiling area. 2. It is contended by counsel for the petitioners that certain transactions effected by the petitioner/declarant subsequent to 1.1.1970 had been ignored by the Taluk Land Board so as to fix the extent of land to be surrendered by him for the reason that those cannot be taken into account, but CRP 868/05 2 by amendment and incorporation of Section 7E in the Kerala Land Reforms Act (hereinafter referred to as 'the KLR Act') with effect from 8.10.2006, persons in possession of any land not exceeding four hectares as on the date of coming into force of the KLR Act, 2005 with effect from 8.10.2006, either by way of purchase or otherwise, on payment of consideration from any person, shall be deemed to be a tenant and by reason of such deeming provision, lands held by the tenants under the petitioner/declarant are liable to be excluded and therefore, the extent of land to be surrendered by the petitioner/declarant will be far less than the extent ordered to be surrendered and that therefore, the impugned order be set aside and the case be remanded for consideration afresh by the Taluk Land Board, Ottappalam in the light of Section 7E incorporated vide Amendment Act 21 of 2006 in the KLR Act, after issuing notice to all the affected parties concerned. CRP 868/05 3 3. There is no reason as to why the request shall not be granted especially when new rights are conferred under Section 7E of the KLR Act to persons holding lands under the petitioner/ declarant. In the result, I set aside the impugned order and remit the case back to the Taluk Land Board, Ottappalam for consideration afresh in the light of the amended provisions of the KLR Act and to fix the exact extent of land to be surrendered by the petitioner/declarant as land held by him in excess of the ceiling area, after issuing notice to all the affected parties concerned. 3rd October, 2008 (K.P.Balachandran, Judge) tkv