NARAYANAN NAMBOODIRI Vs. TALUK LAND BOARD PERINTALMANNA

JUDGEMENT

(1.) Both these civil revision petitions arise out of proceedings before the Taluk Land Board under S.85 of the Kerala Land Reforms Act (hereinafter called the Act) for surrender of excess lands held by the respective petitioners. The Board had determined the excess land which the petitioners have to surrender, under S.85(5)(c) of the Act. Aggrieved by the same, the petitioners have moved this court under S.103 of the Act. As a common question of law relating to the interpretation of S.82(4) of the Act arises in the two cases, they were heard together. Though we are disposing of the cases by this common judgment, herein we shall deal with them separately.

(2.) The petitioner in C. R. P. 1027/74 as the head of the family consisting of himself, his wife and two minor children, filed the statement under S.85(2) of the Act before the Land Board intimating the particulars in respect of all the lands held by the family. After the necessary enquiries contemplated by the statute, the Taluk Land Board came to the conclusion that the petitioner has to surrender 12.19 acres in Sy. No. 43/5 and 1.01 acres in Sy. No. 46/3 of Anamangad Village of Perintalmanna taluk as excess land above the ceiling area in the family. Consequently a notice was caused to be issued to the petitioner and his wife calling upon them to file objections, if any, against the extent and identity of lands found liable to be surrendered by the petitioner. In response to this notice the petitioner raised the following objections before the Taluk Land Board: -

(3.) Under S.81(e) of the Act, the provisions in Chapter III of the Act which deal with "restriction on ownership and possession of land in excess of ceiling area and disposal of excess lands" shall not apply to "plantations". As 'defined in S.2(44) of the Act, plantation will certainly include a rubber plantation. But under S.82(4) as originally enacted, where, after the commencement of the Act, any class of land specified in Schedule II has been converted into any other class of land specified therein, the extent of land that may be owned or held by a family or adult unmarried person owning or holding such land at the time of the conversion, shall be determined without taking into account such conversion. Schedule II of the Act then took in dry land, garden, other dry land, Palliyal land, rubber plantation etc. When Act 35 of 1969 which came into force from 1-1-70 amended the Act, S.82(4) read as follows: "Where after the commencement of this Act, any class of land specified in Schedule II has been converted into any other class of land specified therein, the extent of land that may be owned or held by a person owning or holding such land at the time of the conversion shall be determined, without taking into account such conversion".