Petitioners have approached this Court challenging the notice issued by the Taluk Land Board rejecting the applications submitted in terms of Section 7E of the Kerala Land Reforms Act. 2. Section 7E had been incorporated into the statute by notification in 2006 granting certain benefits to persons who had purchased land involved in ceiling cases. Section 7E reads as under:
“7E. Certain person who acquired lands to be deemed tenants:- Notwithstanding anything to the contrary contained in Section 74 or Section 84 or in any other provisions of this Act, or in any other law for the time being in force or in any contract, custom or usage, or in any judgment, decree or order of any Court, Tribunal or other authority, a person who at the commencement of the Kerala Land Reforms (Amendment) Act, 2005, is in possession of any land, not exceeding four hectares in extent, acquired by him or his predecessor-in-interest by way of purchase or otherwise on payment of consideration from any person holding land in excess of the ceiling area, during the period between the date of the commencement of the Kerala Land Reforms Act, 1963 (1 of 1964) and the date of commencement of the Kerala Land Reforms (Amendment) Act, 2005, shall be deemed to be a tenant.”
According to the petitioners, they are also persons coming within the category of 'deemed tenant' in terms of Section W.P(C) Nos. 23057, 23058, 23062 and 23063 of 2013 -: 2 :-
7E of the Act.
3. Going by the provisions of the Kerala Land Reforms Act, there is no specific provision which permits a deemed tenant to obtain a purchase certificate. Only cultivating tenant is entitled to the benefit of Section 72B of the Act. If any action is taken by the Taluk Land Board or any other authority, it shall always be open for the petitioners to defend the same, seeking benefit under Section 7E. The authorities concerned will have to consider such defence and pass appropriate orders.
4. Petitioners submit that they have already filed necessary applications before the Taluk Land Board claiming the benefit of Section 7E, which apparently have to be considered in accordance with the procedure prescribed.
The writ petitions are disposed of as above.
Sd/- A.M. Shaffique, Judge.
Tds/