GEORGE JOSEPH Vs. TALUK LAND BOARD MEENACHIL

JUDGEMENT

(1.) The writ petitioner filed a ceiling return under S.85(2) of the Kerala Land Reforms Act before the Land Board, Trivandrum relating to the lands owned and held by him. The Land Board transferred the said return to the Taluk Land Board, Meenachil for enquiry and disposal. The Taluk Land Board after notice to the petitioner prepared a draft statement under R.10 of the Kerala Land Reforms (Ceiling) Rules, 1970 and a copy of the same was served on the petitioner together with a notice in the prescribed form. The petitioner filed his objections against that draft statement. Those objections were enquired into by the Taluk Land Board and ultimately it passed orders on 14-11-1975 determining under S.85(8) of the Act, the extent and other particulars of the lands to be surrendered by the petitioner. As per that order the petitioner was called upon to surrender from his possession an extent of 40.35.85 acres which included an extent of 5.16 acres of land comprised in Sy. No. 681/1 of Meenachil Village.

(2.) At no time when the proceedings were before the Taluk Land Board did the writ petitioner indicate his choice regarding the land which he proposed to surrender by way of excess land. The stand that he had taken before the Taluk Land Board was that there was no "excess land" in his possession since several of his lands were in the occupation of tenants. This contention was found against by the Taluk Land Board and it was on that basis that the extent of the excess land to be surrendered by the petitioner was determined. The petitioner did not take any steps to canvass the legality or correctness of the decision of the Taluk Land Board calling upon him to surrender the specified items of land. Some of the persons who were tenants in respect of the petitioner's land preferred C.R.Ps. before this Court challenging the legality and correctness of the order passed by the Taluk Land Board negativing such tenancy right and holding their lands in the possession of the writ petitioner himself. Those Revision Petitions were dismissed by this Court on 20-4-1976.

(3.) It is alleged by the petitioner that subsequent to the dismissal of the revision petitions filed by the persons who claimed tenancy rights, he filed a petition dated 29-5-1976 before the Taluk Land Board, Meenachil of which Ext. P1 is said to be a copy requesting that he should be permitted to exercise his choice in the matter of surrender of excess lands in the manner set out in that petition. The grievance put forward in this writ petition is that the Taluk Land Board has not taken any steps to dispose of the petition evidenced by Ext. P1 and that action is being taken in the meantime to assign away the lands taken possession of from the petitioner in implementation of the direction contained in the Land Board's order determining the extent and identity of the excess land to be surrendered by the petitioner.