STATE OF KERALA Vs. SANKARAN

JUDGEMENT

(1.) This is a revision filed by the State challenging the order passed by the Taluk Land Board, Tellicherry in T.L.B. 1510/76TLY.

(2.) One Manoli Chellath Sankaran was the declarant in the above case. It was alleged that he had excess land. He claimed exemption in respect of 26 25 acres of land in R. S.20 of Eranholi amsom. According to the declarant this area was water-logged and it is being used for soaking coconut husks. Out of this total extent 17.42 acres were purchased by one Chandran and others as per the sale deed in 1976. They contended that this property was being used for prawn fishing. The Revenue Inspector inspected the property and he stated that the entire area is water-logged. A commission was taken out at the instance of the declarant and the advocate commissioner filed a report on 21-7-1981. The commissioner reported that the entire 26.25 acres are water-logged and the same is used for catching prawn and for soaking husks and therefore it is commercial site. The Taluk Land Board accepted the report and held that this area was liable to be exempted under S.81(1)(q) of the Kerala Land Reforms Act.

(3.) Under S.81(1)(q) of the Kerala Land Reforms Act all property used as commercial site are liable to be exempted. The term "commercial site" is not defined in the Kerala Land Reforms Act. The relevant meaning of word "commercial" has been defined in Webster's Dictionary as (1) of or belonging to trade or commerce, (2) made in large quantities for the market. The meaning of the word "commerce" has been explained in the Concise Oxford Dictionary as: