VARKEY, Vs. TALUK LAND BOARD AND ORS.

JUDGEMENT

(1.) BOTH the State and the legal heirs of the original declarant are before this Court seeking review of the order in C.R.P. 951/1995 rendered on 29.11.2012. The parties are referred to as per their status in their original Revision, representatives of the original declarant as the revision petitioners and respondent State as the State. It is also to be noticed that there were a number of respondents impleaded in the CRP, after remand from the Honourable Supreme Court who were impleaded as additional respondents 5 to 33. The brief facts are that the original declarant was assessed as having in his possession 13.64 acres of land, as excess over the ceiling limit. Advance possession was taken of 3.37 acres in Palliperuvanna village. The CRP R.P.s. 39 & 333/13 filed by the original declarant was dismissed but with liberty to raise a claim with respect to 4.50 acres which according to him, was a subsequent purchase. That claim was successfully agitated by the declarant before the Taluk Land Board (TLB) which passed the order dated 13.11.1979 deleting such extent. Hence, the original determination was reduced to that extent and the excess land was reduced to 9.14 acres of which 3.37 acres was taken advance possession. The balance 5.77 acres were to be surrendered by the declarant.

(2.) THE facts relating to the subsequent proceedings by the declarant have been stated in the order. Suffice it to say that finally, there was a re -determination of the excess lands, in an order in a CRP relegating the declarant to the Taluk Land Board on the issue of exercise of option. The Taluk Land Board, though was entitled to look at the exercise of option; considered the exemption granted, with respect to two gift deeds and found the same to be R.P.s. 39 & 333/13 improper and hence, added a further extent; scaling up the total extent to be surrendered as 11.13 acres. The above CRP was filed challenging the said order which was, at the first instance, dismissed by order dated 25.9.1995. The matter was taken up before the Honourable Supreme Court in Civil Appeal No. 4992/1997 wherein the re -determination of the excess lands, was found to be improper and the CRP was remanded for fresh consideration. Hence, again the extent to be surrendered remained as 5.77 acres, out of which 1.77 acres; being in the possession of one Aduvat Amed, whose litigations against the declarant had failed; was surrendered. So much is beyond dispute and has been specifically stated in the order in the above CRP.

(3.) THIS Court found that the balance lands remaining to be surrendered would be 4.02 acres; which the legal representatives of the original declarant were directed to surrender within a period of three months to the Government. Admittedly, the said extent has been surrendered as per Annexure -3 produced along with (I.A. 898/13) in R.P. 39/2013. The dispute now raised by R.P.s. 39 & 333/13 way of this review is the attempt of the Government to take possession of 1.84 acres of land remaining with the legal heirs of the original declarant which, according to the State, was taken possession of, after the present CRP was dismissed at the first instance. The prayer of the State in the R.P. 333/2013 is that the possession taken, of such 1.84 acres of land again in Palliperuvanna village may be conceded to the State and the said extent be deleted from the total area to be surrendered by the original declarant.