BEEVIKUTTY AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE revision petitioner is the claim petitioner under Sec. 85(8) of the Kerala Land Reforms Act in S.M. No. 1/03 on the files of the Taluk Land Broad, Ottapalam. The above claim petition was filed, praying exclusion of 23 cents of land which is included in the ceiling account of the deceased Athanickal Kunhimohammed Haji and the property directed to be surrendered by him also. The above claim petition was filed pursuant to the direction of this Court in W.P. (c) No. 5751/10.

(2.) IT is the case of the petitioner that the petitioner and her children are the owners in possession of 1.06 acres of property in Sy. Nos. 357/9 and 356/5B of Nagalassery Village in Ottapalam Taluk. This property originally belonged to Athanikkal Koyamu Haji and his brother Athanikkal Pokker Haji. Subsequently, they partitioned the properties among themselves. Thereafter, Koyamu Haji assigned 2 acres 47 cents of his property in favour of the husband of the petitioner by name Abdulla vide assignment deed No. 1697/84. As a matter of fact, Koyamu Haji had purchased the said properties by virtue of kanam assignment deed No. 2512/1928 from one Lekshmi Amma and others. Athanickal Kunhimohammed Haji had never been in possession and enjoyment of the above said 2 acres 47 cents of property. Since the date of purchase, till 2009. Abdulla and subsequently his legal representatives, in accordance with the shares allotted to them, have been paying basic tax for the said property. In the year 2009, when the petitioner attempted to pay tax for the property, the Village Officer refused to accept tax informing that the properties are included in a ceiling case initiated against Athanickal Kunhimohammed Haji. In the above circumstance, the petitioner has preferred the above claim petition to get the properties excluded from the ceiling case.

(3.) PER contra, the learned Special Government Pleader advanced arguments to justify the findings in the impugned order.