THOMASKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The legal heirs of Late Thomas Chacko, the original declarant, are before this Court aggrieved by the impugned order of the Taluk Land Board (TLB) in proceedings No.126/81/L5 dated 26.09.2006 directing them to surrender an extent of 60.52 acres of coffee plantation as excess land over the ceiling limit, under Section 87 of the Kerala Land Reforms Act, 1963 (for brevity "the Act"). The reason being that, the exemption granted to their cardamom plantation in an earlier proceedings, under Section 81 of the Act, ceased in view of the conversion of that plantation into a coffee plantation.

(2.) The aforementioned earlier proceedings in TLB.148/73 initiated under Section 85 of the Act, granted exemption to the cardamom plantation comprised in R.S.No.175 of Kavilumpara Village to the original declarant, and he was directed to surrender an extent of 5.48 acres as excess land vide order dated 21.12.1993.

(3.) Despite getting an order of exemption for the plantation, the declarant filed a statement before the TLB on 07.09.1982 disclosing the fact that he has converted the cardamom plantation into a coffee plantation. Without even affording him an opportunity of being heard, the TLB passed an exparte order on 27.09.1994 directing the declarant to surrender the above mentioned plantation as excess land. The declarant challenged that order before this Court in C.R.P.No.402/1995. The revision was allowed and this Court directed the TLB to pass orders afresh after hearing the declarant. Consequent to which, the impugned order was passed. Hence, this revision.