STATE OF KERALA Vs. PUNNAKUNNATH POOMKUZHI HASSAN

JUDGEMENT

(1.) The State of Kerala challenges the order of the Taluk Land Board whereunder the extent of the lands to be surrendered as in excess by the declarant has been drastically reduced. The respondents who are the legal heirs of the declarant have now been directed to surrender 1.39 acres as in excess as against 26.59 acres earlier found. The revision petitioner points out that the earlier orders of the Taluk Land Board have been affirmed successively by this Court and the Supreme Court. The orders in C.R.P.Nos.3511/1983, 3514/1983 and 3054/1984, SLP (C) No.2394/1990 and C.R.P.No.2332/1990 are relied on to contend that extent of excess lands has become final. It is the case of the revision petitioner that the Taluk Land Board cannot go behind the earlier concluded orders and drastically reduce the extent of lands as in excess of the ceiling limit.

(2.) The legal heirs of the declarant justify the order of the Taluk Land Board asserting that a reduction in the extent of excess lands was warranted in the peculiar facts of the case. A vast difference between the extent included in the account and actually available on ground was noticed only when the excess lands were being assumed possession of. This prompted the legal heirs to file a petition before the Taluk Land Board along with a detailed survey sketch whereupon a fresh report of the authorised officer was called for. The Taluk Land Board was convinced that an imaginary extent has been included in the account of the declarant warranting the reduction of excess lands.

(3.) I heard Mrs.Susheela R. Bhat, Special Government Pleader (Revenue) on behalf of the revision petitioner and Mr.T.Krishnanunni, Senior Advocate on behalf of the respondent.