PATHU, W/O ABDULLA Vs. TALUK LAND BOARD

JUDGEMENT

(1.) THE petitioners are the claimants before the Taluk Land Board, Quilandy in a case initiated against their late mother Biyathumma. As per the order of the Taluk Land Board dated 09/09/1982, the Taluk Land Board has determined the ceiling limit of the declarant's family and directed to surrender 5.96 Acres of land as land in excess of the ceiling area. The 1st petitioner has obtained an extent of 37 cents of land in Sy.No.6/1 in Naderi amsom, as per document No.785/76 of SRO, Quilandy. She has also obtained 13 cents in Sy.No.13/1 and 1.29 Ares in Sy.No.18/2 by document No.2641/78 of SRO, Quilandy. Thus, the first petitioner has got title and possession over the above said property by virtue of the above documents. Likewise, the second petitioner had obtained 25 cents of land in Sy.No.18/7 of Naderi amsom, Quilandy by sale deed No.2165/91 of SRO, Quilandy. The third petitioner has also obtained 25 cents of land in Sy.No.39/2 and 12 cents in Sy.No.13/1 and 47 cents in Sy.No.12/6 in the same village by document No.2165/94 of SRO, Quilandy. Thus, the third petitioner has title and possession over a total extent of 72 cents. But, at the time of the determination of the excess land of the declarant mother, these transactions were found hit by Sec.84(2) of the Kerala Land Reforms Act. As such when the proceedings were finalised in the year 1982 against the declarant, these transactions were ignored for the purpose of determining the ceiling area of the family and determined the land in excess of the ceiling area. In short, the land obtained by the petitioners by virtue of the above documents were included in the account of the declarant's family.

(2.) BUT , on the basis of the claim petition filed by the petitioners, a Writ Petition has filed as W.P.C.No.6293 of 2007 before this Court and this Court by order dated 10/02/2007 directed the Taluk Land Board to consider their claim. However, those claims were rejected by the Taluk Land Board without granting any relief.

(3.) AGGRIEVED by the said orders, these petitioners again filed CRP No.763 of 2007 before this Court. By judgment dated 29/02/2008, again this Court set aside the order of the Taluk Land Board and remitted the matter to the Board for fresh consideration, particularly, in view of the Act 21 of 2006 and the provisions contained therein. Thereafter, the Taluk Land Board considered the claims of the petitioners after obtaining the reports from the authorised officer. Finally, the Taluk Land Board rejected the claims of the petitioners on a finding that the petitioners are not entitled to get protection under 7E of the Kerala Land Reforms Act. The legality and propriety of this order is under challenge in this revision petition.