MAMMED Vs. PATHUMMA

JUDGEMENT

(1.) Revision arises from the order of Taluk Land Board, Thaliparamba in TLB. 1716/73/TBA dated 28-6-1988. Ceiling proceedings were initiated against revision petitioner. By the impugned order revision petitioner was directed to surrender 160.54 acres of land held by him in excess of the ceiling area. Petitioner has three wives and children in them. The first wife is Kattitta Valappil Pathu in whom petitioner has three children. His second wife is Pallakkanakath Pathu in whom he has 4 children. He has three children in his third wife Mariyam. All the children were minors as on 1-1-1970. It is alleged that there were different statutory families on that date. The Land Board had taken into consideration one wife with one of the minor children as the statutory family for the purpose of the ceiling provisions and determined the ceiling area on that basis. Petitioner was found entitled to retain 15 ordinary acres of land and an extent of 160.54 acres was found liable to be surrendered by the order of the Taluk Land Board. Petitioner challenged that order in C.R.P. 2131/87. The revision was allowed and the case remanded to the Taluk Land Board for fresh disposal. After remand the Taluk Land Board by the impugned order directed petitioner to surrender an extent of 97.16 acres more on the basis that the statutory family of petitioner consists of one of his wives Pathu and her minor child. That order is under challenge in this revision.

(2.) When the revision came up before a learned Single Judge counsel for petitioner submitted that the Division Bench decision in Kesava Menon v. State of Kerala ( 1976 KLT 408 ) requires a reconsideration. The learned Judge on a consideration of that decision and other judicial precedents was of the view that the principles highlighted in Kesava Menon's case and in Mayilammal's case ( 1984 KLT 962 ) require reconsideration. The revision was therefore adjourned under S.3 of the High Court Act to be heard by a Bench of two Judges. That is how the matter has come up before us.

(3.) Heard counsel for petitioner and Government Pleader.