K. PARAMESWARAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The validation of certain gifts under the Kerala Land Reforms (Amendment) Act 27 of 1979 is under challenge in this batch of writ petitions and writ appeal.

(2.) We shall state the brief facts in one of these writ petitions, trace the legislative history of the amendment and then deal with the precise attack on the impugned provisions.

(3.) In O. P. No. 3016 of 1979 proceedings for fixation of the petitioners ceiling area under the Kerala Land Reforms Act, Act I of 1964, are pending before the Taluk Land Board, Alathur. The petitioner had executed two gift deeds in favour of his two major sons in 1971 and sought to exclude those properties from his ceiling area. All voluntary transfers effected by any person owning or holding land in excess of the ceiling area after the 1st July, 1969 in favour of his major children on account of natural love and affection are deemed to be transfers calculated to defeat the provisions of the Act and shall be invalid. The gifts of 1971 are thus invalid and the properties covered by these deeds are treated as belonging to the petitioner. The Validation Act, 29 of 1979, also did not validate these gifts. The petitioner therefore challenges the validity of the amending Act and prays that direction be issued to the Land Board to recognise these gifts and then fix his ceiling area excluding those properties. Now to the legislative history.