M T JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions challenged the constitutional validity of certain provisions of the Kerala Act 17 of 1972 amending the Kerala Land Reforms Act 1963 (Act 1 of 1964). For convenience, the Act challenged may be referred to as the Amending Act, and Act 1 of 1964 as the Act.

(2.) The petitioner in O. P. No. 258 of 1973 is the father and the petitioners in the remaining three O.Ps., are his children. Unless otherwise indicated, the facts are with reference to O. P. No. 288 of 1973. In pursuance of a scheme for the reclamation of the Vembanad Lake, sanction was accorded by Ext. P3 order dated 23rd October 1939 for the registry of QST. Blocks covering an extent of 1,454 acres in the joint names of the petitioner and his father Thommen on terms and conditions evidenced by Ext. P4. One of the conditions was that the Thara Vila' (land value) at Rs. 10/- per acre was to be recovered in ten instalments. Ext. R1 agreement was executed on the 10th Karkitakam 111 6 M.E. (in July 1941) between the petitioner and the Tahsildar of Ambalapuzha, permitting the petitioner to enter the lands, prepare the bunds and carry on cultivation. It was stipulated that, if, on survey conducted by the PWD. authorities, it is found that the petitioner had occupied excess area, the same would be assigned to the petitioner on payment of the land value at the rate specified in Ext. P3 and a fresh agreement would be executed. It was further stipulated that the rights of the petitioner under the agreement will not be transferred by him to any person without the previous consent of the Government and that anything done contrary to the said provision, will not bind the properties covered by the agreement. The properties were described as in Sy. No. 444/1 of Kumarakam Village. In 1963, a further extent of 161.60 acres was assigned to the petitioner, the total extent thus assigned being 1,615.60 acres. In 1964, according to the Government, the Survey Department surveyed the three blocks and found that only an extent of 967.64 acres in the area reclaimed and enjoyed by the petitioner was in Sy. No. 444/1 and the balance was outside the survey number specified in the agreement. The 1964 Survey disclosed that the petitioner was in possession of 2015.43 acres. According to the petitioner, he was entitled to Q.S.T. Blocks covering an extent of 1,615.60 acres by actual assignment, and the rest on the terms of Ext. R1 to have the excess occupied lands assigned on payment of the land value at the specified rate. On 15th June 1957, Ext. P8 settlement deed was executed by the petitioner in favour of his children. As stated in the petition, the same comprised the properties covered by Q.S. and T. Blocks assigned by Ext. Rl. It is admitted that there has been alienations of the excess occupied lands in favour of strangers. These documents themselves have not been produced.

(3.) According to the provisions of the Act, as it stood till its amendment, by Act 35 of 1969, for the purpose of reckoning the 'ceiling area', in excess of which a person was not entitled to own, hold, or possess land, certain exemptions were available. For the sake of convenience, we may reproduce the relevant portions of Clauses (a) and (1) of S.81 as they stood prior to 1-1-1970.