M.M.J. PLANTATIONS Vs. STATE OF KERALA

JUDGEMENT

(1.) Can the assignee of the property from the declarant on his own defend the proceedings for determination of the excess lands under the Kerala Land Reforms Act, 1963 ('the Act' for short)

(2.) The Taluk Land Board, Peermedu by order dated 24.1.1979 directed the declarant - Shree Tea Company - to surrender 8.30 acres of land as in excess of its ceiling limit. The Taluk Land Board in so doing granted exemption in respect of the following lands as necessary for the protection and efficient management of the cultivation in 'Bon-Ami Estate':--

(3.) The Taluk Land Board thereafter issued a notice in the year 1981 purporting to re-open the ceiling case under Section 85(9) of the Act which was challenged by the declarant in O.P. No. 5567/1981. The same was disposed of by judgment dated 04.02.1986 reserving the right of the declarant to urge all its contentions before the Taluk Land Board itself. The declarant had in the meanwhile transferred its rights over Bon-Ami Plantations in favour of one Mr. Joseph Michael by sale deed dated 24.05.1984. Mr. Joseph Michael was said to be the Managing Partner of M/s. M.M.J. Plantations and his legal heirs are now in possession of Bon-Ami estate. The Taluk Land Board has by order dated 30.05.2013 directed M/s. M.M.J. Plantations to surrender an additional extent as excess lands in satisfaction of its liability. Exemption earlier granted towards Fuel Area, Tea Nursery, Play Ground and Swamps and Streams has been denied which is impugned in this Civil Revision Petition.