SIBY MANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The order of the Taluk Land Board (TLB), Udumbanchola in proceedings No.C6-25193/96 dated 03.06.2009 is impugned by two of the claimants, who are affected by the order, separately, in these Revisions. The petitions are disposed by a common order. Heard the learned counsel for the petitioners and the Government pleader. Records perused.

(2.) Suo moto proceedings were taken against one late T.M.Mani, the predecessor-in-interest of the petitioners, for having land in excess of the ceiling limit, when he failed to make the declaration. A report was filed by the Tahsildar, Udumbanchola on 13.10.1980 stating the aforesaid Mani was in possession of 125.31.626 acres of land. On considering the proceedings by the Taluk Land Board, the late Mani was given the benefit under Sec. 81(1)(d)(sic) of the Kerala Land Reforms Act, 1963 (for short "the Act") and the entire land was exempted.

(3.) The State challenged that order before this Court by filing C.R.P.No.1203/1997. This Court vide order dated 20.09.2006 allowed the revision petition for the reason that the TLB in the proceedings granted exemption under Sec. 81 of the Act, without assigning any reasons for doing so. Hence, the TLB was directed to pass a fresh reasoned order, within a period of two months. Consequent to the remand, the TLB issued notice to the legal heirs of the original claimant, who had died by then, and the legal heirs appeared before the TLB and it is stated that they had also filed objection. The main point that has to be considered by the TLB was whether the exemption could be granted under Sec. 81 of the Act, and to state the reasons for granting such exemption. The petitioners in the C.R.Ps. would contend that specific objections were raised stating that they were entitled to exemption because the property in their possession was cardamom and coffee plantations, entitled for exemption under Sec. 81(1)(e) of the Act. It is also alleged by the claimants that plantation tax was being paid and documents pertaining to the registration of plantation was also produced before the TLB.