KUNHIRAMA KURUP Vs. TALUK LAND BOARD

JUDGEMENT

(1.) THE revision petition was placed before the Division bench in the light of a view expressed by a learned Single Judge of this Court, on the interpretation of S. 87 of the Land Reforms Act, 1964.

(2.) THE brief facts areas follow s. THE proceedings under the Land Reforms Act for the fixation of ceiling area of land to be owned or held by the petitioner were initiated and brought to a culmination, ultimately, by order dated 13-8-1976 of the Land Board. THE declarant was directed to surrender an extent of 7. 02 acres of land. His revision against the order of the Land Board was unsuccessful. He surrendered what was adjudged in those proceedings to be, the excess area. He continued to hold land upto the brim of the permissible area under the legislation.

(3.) IT was pointed out before the Land Board that subsequently in the year 1977, the acquisition proceedings resulted in award and that in implementation of the award, 8. 02 acres of land had been taken possession of by the acquisition authorities. IT cannot be said that the petitioner is not in possession of part of the properly because land acquisition proceedings is halfway through. Once the liability is properly determined, other matters also get simultaneously crystallised such as exercise of an option for surrender of a particular land on the basis of the compilation of the ceiling area.