THANGAVELU Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioners are the sons of the declarant by bane Rangaswamy. Taluk Land Board vide its order dated 7-12-1975 directed the declarant to surrender an extent of 29.67 acres as excess land. That order was affirmed by this court on 31-8-1976 in CRP.No. 59 of 1976. Taluk Land Board later vide its proceedings dated 22-11-1978 reduced surplus land by 0.38 acres being the "Kudiyirippu" of others. Lands ordered to be surrendered by the declarant was taken over by the Tahsildar, Palakkad on 16-6-1976 but lands were not assigned to the eligible persons since the distribution was stayed by the District Collector on the ground that the lands included in the ceiling case are involved in gifts or partition during the period from 1-1-70 to 5-11-1974 by the declarant to his sons. Declarant then file application for restoration of ownership and possession or both of surplus land under section 85(10) of the KLR Act. His claim was based on a partition deed No. 103/72 of SRO, Palakkad. It was stated by him that those properties covered under the partition deed ere self acquired properties and they were allotted to his sons and the same would operate as gifts and therefore liable to be exempted under section 84(1A) of the KLR Act. claim of the declarant was allowed by the Taluk Land Board by order dated 29-6-1982 and ordered that the declarant need surrender only 6.79 acres of land. Consequently a direction was given to the Tahsildar to restore possession of the remaining lands. Later Taluk Land Board after a period more than 18 years passed an order dated 28-11-2000 cancelling its earlier order dated 29-6-1982 and ordered that the declarant has to surrender 29.29 acres of land. Declarant died and his sons have come up with this revision.

(2.) Sri. V.Chitambaresh, counsel appearing for the revision petitioners submitted that the Taluk Land Board was not justified in canceling its order dated 29-6-1982. Counsel submitted that the Taluk Land board has rightly granted exemption under section 84(1A) of the Act after having noticed that the properties were gifted to his sons between the period from 1-1-1970 to 5-11-1974. Counsel also submitted that the Land Board had failed to note the non obstante clause employed in section 84(1A) of the KLR Act. Learned Government Pleader tried to support the impugned order and submitted that the Taluk Land Board has got power to set aside its earlier order dated 29-6-1982. Section 84(1A) came into effect on 1-1-1970 and the same was introduced by Section 11 of the Kerala Land Reforms (Amendment) Act, 1979. The said provision is extracted hereunder for easy reference.