The petitioners claim the benefit of Section 7E of the Kerala Land Reforms Act, 1963 as deemed tenants. They contend that they are assignees from the declarant under four sale deeds. The sale deeds have been registered as Document Nos. 3348/1980, 3349/1980, 3351/1980 and 3352/1980 of SRO, Mannarkkad. The Taluk Land Board has rejected the claim of the petitioners by the order impugned in this Civil Revision Petition.
2. There is a finding by the Taluk Land Board that the above sale deeds were executed to defeat the ceiling provisions. On what basis was it so held by the Taluk Land Board is not clear enough. The Special Government Pleader asserts that excess lands have already been taken possession of from the declarant. The impugned order of the Taluk Land Board does not reflect about the present state of affairs.
3. I set aside the impugned order and direct the Taluk Land Board to reconsider the issue afresh. The entitlement of the petitioners under Section 7E of the Kerala Land Reforms Act shall be reconsidered. It shall be done in the wake of the C.R.P.(L.R.) No. 458 of 2012 2 following decisions:-
i) Rajeev v. District Collector [2014 (4) KLT 209]
ii) State of Kerala v. Thomas Kurian [2014 (4) KLT 417] The petitioners as well as the legal heirs of the declarant shall be put on notice in the exercise.
4. The impugned order is set aside and the Taluk Land Board is directed to pass orders afresh. Final orders shall be passed within a period of four months from the date of receipt of a copy of this order.
The Civil Revision Petition is allowed. No costs.
V.CHITAMBARESH JUDGE DCS