CELINE Vs. STATE OF KERALA

JUDGEMENT

(1.) This revision is against the order of the Taluk Land Board, Kothamangalam, dated 8-5-1979, directing the 1st petitioner to surrender 12.53.435 acres of land as excess land in the possession of her family.

(2.) The facts of the case are not in dispute. Late Joseph, husband of the 1st petitioner submitted a ceiling return to the Land Board under S.85(2) of the Kerala Land, Reforms Act 1 of 1964 (hereinafter referred to as the Act). The Land Board transferred the ceiling return for enquiry by the Taluk Land Board, Kothamangalam as per the provisions of sub-s.(5) of S.85 of the Act. The return submitted by Joseph, (hereinafter referred to as the declarant), related to his family which on the date notified under S.83 of the Act, consisted of himself, his wife and six minor children. The declarant died on 30-6-1974 leaving behind his widow and ten children. Two of his children were majors on 1-1-1970 on the date notified under S.83 of the Act. He had eight children on the said date of whom two were majors. Two other children were born subsequent to 1-1-1970. The revision petitioners are the widow and major children of the declarant. Petitioners 2 and 3 had attained majority before 1-1-1970 and the 4th petitioner attained majority after 1-1-1970.

(3.) The return submitted by the declarant relates to property owned and held by him and the ceiling area was to be fixed under S.82 of the Act with reference to the family consisting of the declarant, his wife and six minor children existing on 1-1-1970. On the death of the declarant on 30-6-1974, proceedings were continued against his widow, representing his family, and an order was passed by the Taluk Land Board on 26-10-1976 for surrender of 29.24.101 acres as excess land in the possession of the family. Against this, the petitioners 1 and 2 in this C.R.P. filed C. R. P. 5444 of 1976 before this Court and this Court by order dated 10-1-1978 set aside the order of the Taluk Land Board and remanded the case for fresh disposal after affording the petitioners a fair and reasonable opportunity to substantiate their case. A revised order was passed by the Taluk Land Board on 8-5-79, for surrender of 12.53.435 acres as excess land in the possession of the family of the deceased declarant. It is against this that the widow and three major sons of the declarant have come up in revision.