Proceedings were initiated under Section 85(9) of the Kerala Land Reforms Act, 1963 to re-open the ceiling case. This was unsuccessfully challenged by the petitioner in C.R.P. No. 103/1985, O.P. No. 10162/1996, W.A. No. 276/1997, O.P.
No. 2871/2002 and W.P.(C). No. 5909/2007. The reason for re- opening the ceiling case are two fold and they are as under:-
i) The Rubber Board has granted registration only for 125 acres in R.S. No. 5/1B even though exemption was granted for 175 acres as rubber plantation.
ii) The claim of the declarant for exemption of 14.93 acres in R.S. Nos. 5/1 and 5/2 as submerged land has not been considered.
2. The Taluk Land Board has now come to a finding of fact that there is proof of rubber plantation as on 01.04.1964 only in regard to 125 acres in R.S. No. 5/1B. The said finding is unassailable in view of the fact that the Rubber Board has granted registration only in regard to 125 acres in R.S. No. 5/1B. The contention of the petitioner is that the remaining 50 acres in R.S. No. 5/1B is a vested forest if not a rubber plantation which also is entitled for exemption. The case of the petitioner is that clear felling was done in the vested forest area and rubber plantation done in respect of the whole extent. The question whether the 50 acres in R.S. No. 5/1B is a vested forest (if not a plantation) has not been considered by the Taluk Land Board in the order impugned.
3. Even a vested forest is liable to be exempted under Section 81(1)(d) of the Kerala Land Reforms Act, 1963 in computing the ceiling extent. Whether the petitioner has to apply for exemption from vesting under the Kerala Private Forests (Vesting and Assignment) Act, 1971 is altogether a different question. Whether the exemption under Section 81(1)(d) of the Kerala Land Reforms Act, 1963 will apply only in regard to vested forest as defined under Section 2(47) of the Kerala Land Reforms Act, 1963 is also a moot question. These are all to be considered by the Taluk Land Board after adverting to all the legal and factual aspects.
4. What remains is the claim for exemption as regards 14.93 acres in R.S. Nos. 5/1 and 5/2 as submerged land. The petitioner is at any rate entitled to hold upto 50 acres as per the ceiling limit prescribed under the Kerala Land Reforms Act, 1963. It is reported that the said extent of 14.93 acres of land has already been assigned to strangers whose claim under Section 7E of the Kerala Land Reforms Act, 1963 was however tuned down. No prejudice would be caused to either sides if the lands so assigned is identified as the lands allowed to be retained by the petitioner as within his ceiling limits.
5. The order of the Taluk Land Board is therefore set aside for the limited purpose of an enquiry as regards 50 acres in R.S. No. 5/1B of Peria Village. The question whether the said extent of 50 acres is a vested forest in the light of the discussions above shall be adverted to by the Taluk Land Board and orders passed. The order of the Taluk Land Board in other respects is affirmed and the remand is confined to 50 acres in R.S. No. 5/1B.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS