The following questions arose for consideration before the Taluk Land Board pursuant to the order of remand in C.R.P.No. 775/2002 on the file of this Court:-
i) The exclusion of 22.32 acres (sold in revenue recovery proceedings) from the account of the declarant ?
ii) The exclusion of 3.22 acres (covered by the certificate of purchase in favour of Kunhambu) from the account of the declarant ?
iii) The exclusion of 1.66 acres of land (covered by sale deeds in favour of Puthenpurakkal Theethi) from the account of the declarant ?
2. It appears that an extent of 22.32 acres of land was sold in revenue recovery proceedings initiated by the District Collector. Such proceedings were initiated to realise the loan availed by the declarant who became a defaulter under the Revenue Recovery Act. The loans were allegedly obtained from the Khadi and Village Industries Commission and Khadi and Village Industries Board. The coercive steps are evidenced by the proceedings No. B3-57883/80 dated 22.01.1983 of the District Collector, Palakkad.
3. 5.30 acres in Survey No. 7/1 was purchased in the revenue sale by one K.Nalini. 4.49 acres in Survey No. 7/2 was purchased in the revenue sale by one K. Padmini. K. Nalini and K. Padmini are none other than the daughters of the erstwhile Secretary of the declarant. The declarant is the Gandhi Seva Sadan registered under the Societies Registration Act.
4. The Taluk Land Board has not bothered to verify as to when the revenue sale took place. The property of extent 22.32 acres has to be included in the account of the declarant if the revenue sale has been taken place after 01.01.1970. The property is liable to be excluded from the account of the declarant only if the sale is held before 01.01.1970. This aspect of the matter has escaped the notice of the Taluk Land Board in the instant case.
5. There is no finding that the certificate of purchase No. 3970/76 obtained by Kunhambu in respect of 3.22 acres is accurate or inaccurate on its face. Kunhambu is said to have sold the property to Gandhi Seva Sadan Kathakali and Classic Arts Academy. The sale become valid only if the certificate of purchase No. 3970/76 is accurate on its face. The Taluk Land Board was obliged to render a specific finding in that regard which is absent.
6. There is no finding in the impugned order as regards the sale of 1.66 acres to Puthenpurakkal Theethi. The sale is by virtue of document Nos. 458/1965 and 459/1965. Whether the benefit of Section 7E of the Kerala Land Reforms Act, 1963 (for short the 'Act') can be called in aid is a pertinent question. The land is liable to be excluded if the provisions of Section 7E of the Act do apply. A remand of the case to consider the applicability of Section 7E of the Act brought in by amendment is inevitable.
7. The impugned order is set aside and the Taluk land Board is directed to pass fresh orders in regard to the three questions formulated above. Fresh orders shall be passed after notice to all the parties interested. The declarant and the transferees shall in particular be put on notice before final orders are passed. Every endeavour shall be made to pass final orders within a period of six months.
C.R.P.No. 442/2009 filed by the declarant and C.R.P. (L.R.). No. 145/2012 filed by the State are disposed of as above.
V.CHITAMBARESH JUDGE DCS