IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1174 of 2002()
1. P.T.JOY, PANAKKAL HOUSE,
... Petitioner
2. P.T.JOHNY, DO.DO.
3. P.T.JAMES(WRONGLY SHOWN IN ORDERS
4. P.T.TOMY, DO.DO.
5. P.T.KATHREENA, DO.DO.
Vs
1. TALUK LAND BOARD, ERNAD,
... Respondent
2. THE TAHSILDAR, ERNAD,
3. STATE OF KERALA, REP. BY THE
For Petitioner :SRI.K.M.SATHYANATHA MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :03/07/2007
O R D E R
M.N.KRISHNAN, J.
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C.R.P.NO: 1174 OF 2002 E
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Dated this the 3rd July, 2007.
O R D E R
This revision petition is preferred against the order
of the Taluk Land Board dated 6.10.2001. This ceiling case
has been shuttling between the Taluk Land Board and this
Court for the last 34 years. The declarant, an unmarried
lady as on 1.1.1970 was directed to surrender land which
she held in excess of the ceiling area under Section 82 of
the Kerala Land Reforms Act. On the last round of remand
the principle contention raised was with respect to the
actual extent of the land held and possessed by the
declarant in survey No: 186/1B2A. The Taluk Land Board
originally had fixed the area at 5 acres, a commissioner
appointed by the civil court measured the property and
found it as 3.11 acres. Thereafter, as per the direction
of this Court the village officials, with the assistance
of the taluk surveyor measured the property and found that
the extent was 3.36 acres. So, in the said survey number
instead of 5 acres the declarant possesses only 3.36 acres.
The land board while passing the final order deleted 1.64
acres from computing the ceiling area of the declarant.
Therefore, what is actually seen on land by the authorities
had been taken into consideration for fixing the ceiling
C.R.P. 1174/02 2
limit. In the grounds of revision a contention is raised
that the Taluk Land Board ought to have measured the entire
extent of the property covered in the ceiling case. It is
not necessary. Whenever there is a dispute that alone need
be looked into and if there is a mistake it is for the
declarant to point out and it is not the duty of the Taluk
Land Board. Therefore the said contention is liable to be
rejected. The other contention taken by the declarant is
to the effect that since the present persons are only the
legal representatives of the declarant they are not bound
to surrender the land. The ceiling area is reckoned
according to the status of the person as on 1.1.1970 and
therefore the Taluk Land Board is perfectly justified in
computing the ceiling area and directing the legal
representatives to surrender the property. After
consideration of all the entire materials the land board
refixed the total extent of the land as 15.06 acres and
permitted the declarant to hold 6 acres of land and then
deleted 3.79 acres as exempted under Section 81 of the
Kerala Land Reforms Act and directed the balance extent of
5.21 acres to be surrendered. There is absolutely no
illegality or irregularity in the order passed by the Land
C.R.P. 1174/02 3
Board and therefore the revision lacks merits and it is
dismissed.
M.N.KRISHNAN
Judge
jj