IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 RP.No. 925 of 2009() IN C.R.P.NO.468 OF 2009 -------------------- AGAINST THE JUDGEMENT/ORDER IN CRP.468/2009 Dated 25/08/2009 .................... REVIEW PETITIONER(S)/REVISION PETITIONERS: ------------------------------------------- 1. K.V.SAYED MOHAMMED POOKOYA THANGAL, S/O.K.V.S.SEETHIKOYA THANGAL, KOZHAKATTIRI, PERINTALMANNA. 2. K.V.S.AYISHA BEEVI, D/O.K.V.S SEETHIKOYA THANGAL, KOZHAKATTIRI, PERINTALMANNA. 3. K.V.SAYED AHAMMED IMBICHI KOYA THANGAL, D/O.K.V.S.SEETHIKOYA THANGAL, KOZHAKATTIRI, PERINTALMANNA. BY ADV. SRI.ALEXANDER GEORGE SRI.ABHILASH.J RESPONDENT(S)/RESPONDENTS: --------------------------- 1. TALUK LAND BOARD, PERINTALMANNA. 2. TAHSILDAR, PERINTHALMANNA. 3. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY. ADV.SRI.S.SUGUNAPALAN (SENIOR ADVOCATE) THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 07/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- R.P.NO.925 OF 2009 () IN C.R.P.NO.468 OF 2009 ----------------------------------- Dated this the 7th day of October, 2009 O R D E R The review petition has been filed by the petitioners in C.R.P.No.468 of 2009, which was dismissed by order dated 25.8.2009. The order challenged in the revision arose from the proceedings of the Taluk Land Board, Perinthalmanna, a ceiling proceedings initiated under the provisions of the Kerala Land Reforms Act and Kerala Land Reforms (Ceiling) Rules, 1970. Orders passed by the Taluk Land Board were challenged from time to time by way of revision by the declarant, and, after his death, by his children as C.R.P.No.663 of 1996. Accepting the case canvassed by the legal heirs of the declarant that one among them as being a major son as on 1.1.1970, the properties allotted to him under a partition deed deserve to be excluded from the total area available to the declarant on the above date for the purpose of R.P.NO.925 OF 2009 () IN C.R.P.NO.468 OF 2009 2 computing the total area held by the declarant and the area to be surrendered the Taluk Land board was directed to redetermine and compute the area to be surrendered. Complying with the directions, the Taluk Land Board passed the order, after hearing all parties, computing the area to be surrendered, and that order was challenged in the revision C.R.P.No.468 of 2009, which as already stated, was dismissed holding no interference was called for. 2. Though several grounds are canvassed in the review petition, at the time of hearing, the learned counsel for the petitioner submitted that he is pressing only one among them the finding entered by the Taluk Land Board negativing the case of the legal heirs of the declarant that the land included in the ceiling case continued in the possession of several persons under valid sale deeds. The Taluk Land Board has considered the claim set up by some persons on various sale deeds in respect of the properties of the declarant and finding them devoid of any merit, rejected such claim. The amendment made to the Land Reforms Act by incorporating a R.P.NO.925 OF 2009 () IN C.R.P.NO.468 OF 2009 3 new provision under Section 7E of the Kerala Land Reforms Act enables the legal heirs of the declarant to reagitate the question for exclusion of the lands possessed by persons under the sale deeds executed in their favour in computing the ceiling area of the declarant, is the submission of the counsel. Reference to the 3rd proviso to Sub Section (4) of Section 84 of the Kerala Land Reforms Act was also canvassed before me to contend that till the question of determination of the ceiling area is finalised, it is open to the legal heirs of the declarant for determination of the ceiling area and the land to be surrendered with reference to the claims made in favour of others under registered sale deeds. I am not persuaded to accept the proposition canvassed by the counsel. Section 7E of the Kerala Land Reforms Act has been brought in by amendment to treat certain persons as deemed tenants, who acquired lands subject to the conditions envisaged under the section. The persons in whose favour the sale deeds are alleged to have been executed have not set forth any challenge against the rejection of their claims by the Taluk Land Board. Further more, so far as the legal heirs of the R.P.NO.925 OF 2009 () IN C.R.P.NO.468 OF 2009 4 declarant are concerned, they are bound by the remand order in C.R.P.No.663 of 1996, which allowed them to reagitate only the claim of one of the major sons of the declarant in excluding the properties allotted to him under the partition deed, to the extent permitted in computing the ceiling area of the declarant. After remand, however, the legal heirs of the declarant projected a case that another legal heir, considered as minor, and included in the family of the declarant, had also become major as on 1.1.1970, and that was negatived by the Taluk Land Board. Challenge against that decision being negatived, a new case is being projected by filing the review petition. There is no merit in the present case canvassed challenging the previous order dismissing the revision. The review petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp