KALPETTA ESTATES LTD Vs. STATE OF KERALA

JUDGEMENT

(1.) THE declarant in S.M.C.No.26/81, on the file of the Taluk Land Board, Vythiri, challenges the order dated 17.8.1994 in this Revision. THE petitioner was, originally, Kalpetta Estates Limited. It is stated that as per the order passed in C.P.No.9 of 2005 connected with M.C.A.Nos.97 and 98 of 2004, this Court ordered amalgamation of the assets and liabilities of Kalpetta Estates Limited with Rajagiri Rubber and Produce Company Limited and that the assets and liabilities of the transferor Company vested with Rajagiri Rubber and Produce Company Limited. As per the order dated 6.12.2006 in this Revision, the cause title was allowed to be amended changing the name of the petitioner as Rajagiri Rubber and Produce Company Limited.

(2.) THE ceiling proceedings were initiated originally as TLB.1777/1973 of Taluk Land Board, South Wynad. THE Taluk Land Board in its order dated 23.1.1976, considered the ceiling statement dated 12.9.1970 of Kalpetta Estates Limited and, after considering the claims and objections, passed a final order dated 23.1.1976, directing the declarant (petitioner) to surrender 680.96 acres of land as excess land. It was found that the total extent in the possession of the declarant was 3648.81 acres. An extent of 2953.17 acres was exempted as plantation. THE ceiling area was fixed at 14.68 acres and the declarant was directed to surrender 680.96 acres of land. THE order dated 23.1.1976 was challenged by the declarant in C.R.P.NO.1210 of 1976 under Section 103 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act'). This Court as per order dated 11.11.1976, allowed the Revision in respect of certain extent of land and modified the order passed by the Taluk Land Board and reduced the extent of land to be surrendered from 680.96 acres to 435.90 acres.

(3.) WHILE so, on 15.7.1977, the declarant filed an application before the Taluk Land Board to reopen the case and to reconsider the order for surrender of an extent of 143.10 acres in Raroth Village. A report dated 18.8.1977, sent by the Divisional Forest Officer, was relied on by the declarant, wherein it was stated that an extent of 21.25 hectares of land in Sy.No.2/1B had vested in the Government as vested forest. On 6.3.1979, the Taluk Land Board issued an order holding that the declarant is not liable to surrender the extent of 435.90 acres which was directed to be surrendered as per the order passed by the High Court.