GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Civil Revision Petitions are filed challenging the orders of the Taluk Land Board, which rejected the claim of the petitioners under the Kerala Stay of Eviction Proceedings Act, 1998 (Act 5 of 1998) (hereinafter referred to as the 'Act'). The petitioners are persons who got possession of properties on account of assignment or tenancy. But the proceedings taken under the Kerala Land Reforms Act for the determination of the ceiling area ignored these assignments or transfers and they were included as the land of the declarant. Further the lands have already been surrendered to the Government. Pursuant to the surrender, according to the Government Pleader, the list had been prepared for distributing the land to the landless as per the Kerala Land Reforms Act When the above said Act came into force, the petitioners made an application that the land surrendered should not be distributed till the period of the above Act is over. The Land Board after considering the matter held that the petitioners are not entitled to the benefits of the above said Act. The Preamble of the Act stated as follows:

(2.) The petitioners have no case that they are in possession of the land. The land has already been surrendered. Hence I agree with the Taluk Land Board that they are not entitled to the benefit of the Act The petitioners then contended that indiscriminately they are excluded from the provisions of the Act. I do not think, I can go into the question in a proceedings under S.103 of the Kerala Land Reforms Act. If the petitioners have got a case that the Act is discriminatory, they have to file appropriate petitions.