The impugned order reflects that excess lands have long ago been taken possession of by the Government by proceedings No. L10-SM 52/76 of the Taluk Land Board. The excess lands vested in the Government out of which the revision petitioner obtained assignment on registry of 17 cents of land wherein he has constructed a building. The revision petitioner cannot obtain assignment on registry of the excess lands without acknowledging the title and possession of the Government. The Special Government Pleader points out that the entire extent of excess lands liable to be surrendered by the declarant were so taken possession of (including the 17 cents of land subsequently assigned on registry to the revision petitioner).
2. The claim under Section 7E of the Kerala Land Reforms Act, 1963 (the 'Act' for short) cannot be countenanced and the ceiling proceedings re-opened if there are supervening C.R.P. No. 116 of 2010 2 factors. Such supervening factors have been enumerated under Section 84(4) of the Act (See:- State of Kerala v. Thomas Kurian [2014 (4) KLT 417]). The excess lands in the instant case have been physically taken over and distributed to the landless (at least to the revision petitioner) and has been duly assumed possession of from the declarant.
3. Moreover the claimant under Section 7E of the Act is none other than the son of the uncle of the declarant who wants to cling on to the property without surrendering the lands found in excess. The claim under Section 7E of the Act is unavailable if it is found that the transfer of land is calculated to defeat the ceiling provisions under the second proviso to Section 84(4) of the Act. The Taluk Land Board has not committed any error of law as to warrant interference under Section 103 of the Act.
The Civil Revision Petition fails and is dismissed. No costs.
SD/-
V.CHITAMBARESH JUDGE /TRUE COPY/ DCS P.A. TO JUDGE