IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 55 of 2001(A)
1. N.SULOCHANA
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.R VENKITESH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :18/11/2009
O R D E R
P.Q.BARKATH ALI, J.
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C.R.P.No.55 OF 2001
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Dated this the 18th day of November, 2009
ORDER
This revision petition is filed by the declarant in LB
No.738/1973 of Taluk Land Board, Palakkad challenging the order of
the land board dated November 30, 2000 directing him to surrender
4.64 Acres alleged to be in excess of the ceiling area prescribed under
Section 82 of Kerala Land Reforms Act.
2. The facts in brief are these :
The declarant who is the revision petitioner filed ceiling return
under Section 85A of Kerala Land Reforms act before the State Land
Board, Thiruvananthapuram. The statement was forwarded to the
Taluk Land Board , Palakkad for disposal which was got verified
through the authorised officer who reported that the declarant was in
possession of 16.78 Acres of land out of which an extent of 1.17 Acres
falls under the exempted category under Section 81 of KLR Act, that
the declarant was adult unmarried person and he is entitled to retain 6
Acres as provided under Section 82 of Kerala Land Reforms Act and
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he is liable to surrender an extent of 9.61 Acres being held in excess of
the ceiling area. Accordingly, a draft statement was issued to the
declarant. Meanwhile the declarant died. His legal heirs filed
objection before the Taluk Land Board stating that there was no excess
land to be surrendered. The Taluk Land Board considered their
objection. Meanwhile, the sister of the declarant filed O.S.No.225/1976
before the Sub Court, Palakkad for partition of the entire property
including this property alleging that these are ancestral properties. In
the suit, preliminary decree was passed alloting 22/28 shares of the
entire property comprised in schedule A and 1/7 th share in schedule B
of the said suit to the deceased declarant. The Taluk Land Board on the
basis of that preliminary decree calculated the total extent of land the
which the deceased declarant is entitled to as 12.05 Acres and issued a
revised draft statement directing him to surrender 5.8 Acres as he is
eligible to retain only 6 Acres. The legal heirs of deceased declarant
claimed several exemptions on the ground that some of the properties
are in the possession of third parties etc. But the Taluk Land Board
rejected all those contentions stating that no evidence was adduced by
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the legal heirs of the deceased declarant to prove the same and as per
the impugned order the Taluk Land Board directed the declarant to
surrender 4.64 Acres holding that 1.41 Acres are to be exempted under
Section 81 of KLR Act. The legal heirs of the deceased declarant has
challenged this order in this revision petition.
3. When the revision petition came up for hearing, counsel for
the revision petitioner Sri.P.R.Venkatesh submitted that final decree
has been passed in the suit and only 5.69 = Acres is alloted to the
shares of the declarant in B schedule therein and some of the
properties in F schedule. Allotment of the said properties to the share
of the declarant under the final decree was not disputed by the
government pleader appearing for the state. In the light of the final
decree passed in the partition suit, I feel that the matter has to be
remanded to the Taluk Land Board to decide afresh the extent of land
to be surrendered if any by the deceased declarant, now his legal heirs.
As I am remanding the matter to the Taluk Land Board, the Taluk Land
Board is also directed to consider the following points :
1) The land to be surrendered by the declarant taking into
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consideration the land allotted to the share of the deceased declarant
under the final decree and subject to the final decision in
R.S.A.No.338/2006 which is pending against the final decree
proceedings before this court.
2) In the objection filed by the legal heirs of deceased
declarant they have submitted that some of the lands are in the
possession of third party which was rejected by the Taluk Land Board
as no evidence was adduced on this aspect. The legal heirs of deceased
declarant are entitled to adduce evidence before the Taluk Land Board
to show that those lands are in the possession of third parties. The
Taluk Land Board is also directed to consider their contentions.
3) The legal heirs of deceased declarant in their objection has
claimed certain lands which are to be exempted under Section 81 of the
Act. Taluk Land Board is also directed to consider that contention of
the legal heirs of deceased declarant. They are entitled to adduce
evidence on this point before the Taluk Land Board.
It is hereby made clear that the Taluk Land Board need consider
only the points mentioned above. Since this is a matter of 1973, the
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Taluk Land Board , Palakkad is directed to dispose of the matter as
early as possible, preferably within six months from the date of receipt
of the copy of this order.
P.Q.BARKATH ALI
JUDGE
sv.
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