STATE OF KERALA Vs. A.M. SUKUMARAN

JUDGEMENT

(1.) THE State of Kerala filed this revision petition challenging the order dated 16/12/2003 passed by the Taluk Land Board, Hosdurg, in TLB No. 1886/1973. The said ceiling case was initiated against one Sukumaran and the Taluk Land Board had ordered to take possession of an extent of 2.03 Acres in R.S. No. 448/1 of Belur Village. The land was taken possession by the Tahsildar on 26/11/1976. Later, the above case was re -opened under Sec. 85(9A) of the Kerala Land Reforms Act to verify whether an extent of 16.14 and = Acres in various survey numbers of Belur, Ajanur, Balal, Malth Villages of Hosdurg Taluk are deleted from the account of the statement given by the declarant on the ground that these lands were in possession of various other persons, is correct. After hearing all the affected parties and perusing the records, the Taluk Land Board found that the verification report of the Authorised Officer is reliable and on that finding the earlier proceedings dated 26/11/1976 was confirmed. The legality and propriety of the findings by which the Taluk Land Board confirmed the earlier order is under challenge in this revision petition.

(2.) THE learned Special Government Pleader advanced arguments challenging the findings in the impugned order. The learned Special Government Pleader submits that the verification report filed by the Authorised Officer, after re -opening of the case, is not reliable, as the same is not supported by sufficient documentary evidence. But the Taluk Land Board also did not verify the documents before confirming earlier order. It is also contended that the entire records pertaining to S.M. No. 747/73 and O.A. No. 5542/76 are not considered and the name of the landlord, the name of the applicant and the properties are entirely different from the report of the Authorised Officer.

(3.) GOING by the report, it is seen that, after re -opening, the Authorised Officer had submitted a report and thereafter the said report was returned back for fresh enquiry, since, in certain cases, the names of the landlords differ from that of the statement. Therefore, the Special Deputy Tahsildar (LR) submitted his further enquiry report detailing the enquiry on each item of property. It is the case of the declarant that several items of properties which were subjected to further verification under the provisions of Sec. 85(9A) of the KLR Act are in possession and enjoyment of different tenants even before the commencement of the Land Reforms Act. In the impugned order, the Land Board has narrated the enquiry report with respect to each item of property in different survey numbers. Almost all properties are excluded on the finding that those properties were found in possession of different tenants by virtue of the purchase certificate issued either under O.A. proceedings or S.M. proceedings.