Kerala High Court
State Of Kerala vs * 1 M.C.George on 11 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942
CRP(LR).No.594 OF 2013
AGAINST THE ORDER/JUDGMENT IN SMP 58/1997 DATED 08-11-2012 OF TALUK LAND
BOARD, NILAMBUR
REVISION PETITIONER/AUTHORISED OFFICER:
STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY,
THIRUVANANTHAPURAM.
BY GOVERNMENT PLEADER
RESPONDENTS/DECLARANT AND LEGAL HEIRS:
* 1 M.C.GEORGE
NO.38, LANGFORD ROAD, BANGALORE -25.
FIRST RESPONDENT IS DELETED FROM THE CAUSE TITLE AS
PER ORDER DATED 8/11/2013 IN IA.NO.2804/2013 AND
NUMBER OF RESPONDENTS 1 TO 6 ARE RECORDED AS 1 TO 5
AS PER ORDER DATED 8/11/2013 IN IA.NO.2804/2013
1 SMT. MARIYAMMA GEORGE
W/O.M.C.GEORGE,
NO.38, LANGFORD ROAD, BANGALORE-25.
2 SRI.CHANDY GEORGE
S/O.M.C.GEORGE,
NO.38, LANGFORD ROAD, BANGALORE-25.
3 MRS. MARY MATHEW
D/O.M.C.GEORGE,
NO.38, LANGFORD ROAD, BANGALORE-25.
4 MRS. SUSAN RAHMAN
D/O.M.C.GEORGE,
NO.38, LANGFORD ROAD, BANGALORE-25.
5 MRS ANNY KARIYAPPA
D/O.M.C.GEORGE,
NO.38, LANGFORD ROAD, BANGALORE-25.
R1-2 BY ADV. SRI.P.JAYABAL MENON
R1 BY ADV. SRI.JAGAN GEORGE
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD ON
11.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRP(LR).No.594 OF 2013
2
T.R.RAVI, J.
=======================
CRP.(LR)No.594 of 2013
=======================
Dated this the 11th day of February, 2021
ORDER
The Revision Petition has been filed challenging the order
dated 08.11.2012 of the Taluk Land Board, Nilambur in
SR.No.58/1997. The declarant late M.C.George had filed a ceiling
return on 16.12.1972. However, it appears that no further steps
were taken immediately on the said return. His brothers
M.C.Pothan, M.C.Thambi, M.C.Cheriyan, M.C.Mathew and
M.C.Philip had also filed ceiling returns as CR.No.104/78,
CR.No.22/82, CR.No.1430/73, CR.No.125/76 and CR.No.1066/73
respectively. Proceedings were initiated and completed as against
his brothers. The said proceedings become final by orders of this
Court in CRP.Nos.1967, 1968, 1969 and 2158 of 1982 by judgment
dated 17.12.1986. Much later, on 29.06.2001, a draft statement
was issued regarding the ceiling case of late M.C.George, wherein,
it was stated that the declarant was liable to surrender 282.47 ½
Acres as excess land. The Taluk Land Board by a well considered
order dated 08.11.2012 considered the case of the declarant and
found that there is no excess land involved in the case, since most
CRP(LR).No.594 OF 2013
of the lands which are categorised as 'dry land' are actually
plantations which have already been exempted in the cases
relating to the siblings. The properties involved were situated in
Kozhikode Taluk, Thirunelly Taluk, Thiruvalla Taluk and in
Malappuram District. Regarding the properties in Kozhikode
Taluk, the Taluk Land Board found that after exempting 57.3
Acres of land in Sy.No.2 of Kadavoor Village which is a Rubber
plantation, only an extent of 9.83 Acres in Sy.Nos.2, 3 and 4 of
Kadavoor Village is available. Regarding the properties in
Thirunelly Taluk, according to the State, the declarant had 100
Acres of properties, but the case of the declarant was that an
extent of 50.32 Acres situated in Sy.No.454/4A1A was neither
owned nor possessed by him. It was also contended that 49.68
Acres was a jointly held property, out of which, his share was only
1/5th and that it has already been found that 41.25 Acres from
among the 49.68 Acres is a Coffee plantation liable to be exempted
under Section 81 of the Kerala Land Reforms Act. The declarant's
share out of the balance of 8.43 Acres comes to only an extent of
1.63 Acres of land. Apart from this, the declarant has gifted half of
his right over the 1/5th share to his daughter as per registered gift
deed No.2764/1972 of SRO, Mananthody which again is liable to
CRP(LR).No.594 OF 2013
be exempted from the ceiling case of the declarant. The Taluk
Land Broad thus found that only 84 cents out of the total extent of
49.68 Acres is liable to be accounted. Regarding 50.32 Acres in
Sy.No.454/4A1A, an extent of 50 Acres of land was found to be
occupied by Coffee plantations with registration No.1971/63, an
extent of 20 cents of land was used as coolie lines and staff
quarters which was liable to be exempted under Section 81 of the
Kerala Land Reforms Act and the balance 12 cents was comprised
as State roads. As such, even if the contention of the declarant is
that the said land does not belong to him is not accepted, the said
lands were liable to be exempted under Section 81 of the Kerala
Land Reforms Act. Regarding the land in Peringara in Thiruvalla
Taluk, the total extent as per the draft statement is 12.79 ½ Acres
in several survey numbers. The authorized officer has reported
that the share of the declarant is only 1/6th of the total extent.
Out of total extent of the 12.79 ½ Acres the authorized officer has
also reported that 50 cents of land as a residential building and 20
cents is used as a shop, which again comes under the exempted
category under Section 81 of the Kerala Land Reforms Act. Out of
the balance extent of 12.055 Acres, the share of the declarant was
found to be 2.01 Acres. Regarding property in Malappuram
CRP(LR).No.594 OF 2013
District, the total extent in the draft statement was 111.64 Acres in
various survey numbers. The Taluk Land Board found that out of
106.23 Acres comprised in Sy.Nos. 202 and 889, an extent of
104.05 Acres is liable to be exempted as Rubber plantation, having
Rubber Board registration. An extent of 48 cents of land was
found to be exempted as building site, Bungalow, Factory, smoke
house etc., under Section 81 of the Kerala Land Reforms Act and
an extent of 2 Acres was exempted as a 'Thodu'. Out of the balance
extent of 5.11 Acres 36 cents was found to be coolie lines which is
liable to be exempted. The declarant had gifted the entire extent of
5.11 acres comprised in the said survey numbers to his daughter
Mary Mathew as per gift deed No.226/71 of SRO, Manjeri which
again is a valid exemption under Section 81 of the Kerala Land
Reforms Act. The Taluk Land Board thus found that the entire
extents in Malappuram District is liable to be deleted from the
total extent shown in the draft statement. After accounting for
exempted categories, the Taluk Land Board found an extent of
12.68 Acres of land is available with the declarant and since the
declarant's statutory family as on 01.01.1970 was a four member
family, comprised of his wife and two minor daughters, it was
found that the total extent held by him was well within the extent
CRP(LR).No.594 OF 2013
permitted by the statute.
The order of the Taluk Land Board does not suffer from any
illegality or irregularity and has been issued very much in
accordance with the statutory provisions contained in the Kerala
Land Reforms Act. I do not find any reason to interfere with the
well considered order of the Taluk Land Board. The Revision
Petition fails and is dismissed. The parties will bear their
respective costs.
Sd/-
T.R.RAVI
JUDGE
Sn
