IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 1052 of 2005()
1. G.KAMALAKSHY AMMA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE TALUK LAND BOARD,
For Petitioner :SRI.G.S.REGHUNATH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :14/11/2008
O R D E R
HARUN-UL-RASHID, J.
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C.R.P. NO. 1052 OF 2005
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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
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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
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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