ABHILASH T.M . Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the declarant in S.M.1/17 on the files of the Land Board, Adoor, Pathanamthitta District. According to the petitioner, he had purchased an extent of 06 hectors, 59 ares and 80 sq.metres, which is equivalent to 16 acres and 30 cents and 285 sq.links in various survey numbers in Pallickal village, Adoor Taluk, Pathanamthitta District, by virtue of sale deed No.2253 of 2008 of the Sub Registrar Office, Adoor and he has effected mutation in revenue records. He has been in possession and enjoyment of the said property and has been cultivating rubber.

(2.) According to the petitioner, the entire property is a rubber plantation as on 01.04.1964. The 2nd respondent directed the petitioner to file objection, if any, to the draft statement issued to him. Thereafter, the petitioner filed a statement on 10.10.2017, stating that the properties mentioned in the draft statement is Rubber plantations and are to be exempted from surrender. Subsequently, he again submitted an additional statement with more details on 15.02.2018. On the basis of the statement submitted, the authorised officer conducted a site inspection and submitted a report, stating that these properties are plantations prior to 1964 and it is remaining as plantation at present. Before submitting the report, he has conducted a full-fledged enquiry, as regards the nature of the land as on 01.04.1964, according to the petitioner. So, there is no reason to discard the said enquiry report.

(3.) Moreover, the Rubber Board furnished the details regarding the property, stating that the property bearing Rubber Board registration No. KNR 877 is plantation. But, the 2nd respondent in a hasty manner, without properly considering the report of the authorised officer, passed the impugned order dated 24.07.2018, directing the petitioner to surrender 00.75.985 hectors, which is also a part of the entire plantation. Thus, it is ordered by the 2nd respondent that, as per Sec. 85 of the Kerala Land Reforms Act, 1963(hereinafter referred to as 'the Act'), properties which were scheduled under schedule D has to be surrendered by the petitioner. The legality and correctness of this order is under challenge in this C.R.P.(LR).