K CHELLAPPAN NAIR Vs. TALUK LAND BOARD PALAKKAD

JUDGEMENT

(1.) CRP No. 1290 of 2000 is filed by the declarant in LB No. 372 of 1973 of the Taluk Land Board, Palakkad challenging the order dated 11/04/2000. The Civil Revision Petition was admitted and an interim order dated 16/06/2000 was passed which reads as follows:

(2.) The Taluk Land Board passed an order dated 19/12/2000 exempting an extent of 4.52 acres under the misapprehension that this Court had finally disposed of CRP 1290 of 2000. The order dated 19/12/2000 is challenged by the State in CRP 1730 of 2003.

(3.) The Revision Petitioner / declarant filed a statement under S.85A of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'Act'). He has shown his wife and five children as members of the statutory family. In the draft statement issued to the declarant, the total extent of the land held by the declarant was shown as 29.71 acres; exemption was granted for an extent of 62 cents; ceiling area was fixed at 12 acres and the declarant was directed to surrender an extent of 17.09 acres. After considering the objections filed by the declarant and the claim petitions made by several persons, the Taluk Land Board passed the final order dated 17/11/1982, by which it was held that the declarant is liable to surrender an extent of 8.32 acres. Challenging the order passed by the Taluk Land Board, the declarant filed CRP No. 20 of 1983, which was disposed of by this Court as per order dated 05/02/1987. This Court held that though many points were raised in the revision, the only point urged at the time of hearing was about exercise of option. An opportunity to exercise option was granted in favour of the petitioner.