The dispute in this Civil Revision Petition concerns only the identity of excess lands to be surrendered by the legal heirs of the declarant. The declarant was earlier directed to surrender 22.81 acres as in excess of his ceiling area after fixing the ceiling limit at 15 acres and granting exemption for 1.01 acres. An extent of 6.74 acres has already been taken possession of as excess lands and 16.07 acres stood as the balance to be taken possession of.
2. It was at that point of time did three claimants put in applications under Section 85(8) of the Kerala Land Reforms Act, 1963 (the 'Act' for short). The claimants by name Smt. Beena Jasmine, Sri. Faizal Saleem and Sri. Karuvath Ummer laid claim over 2.99 acres, 3.51 acres and 4.75 acres totalling to 11.25 acres. Their claim under Section 85(8) of the Act was upheld and the extent of 11.25 acres stood deleted from the account of the declarant. The declarant was therefore bound to surrender only C.R.P.(L.R.) No. 652 of 2013 2 4.82 acres of land as excess lands in addition to 6.74 acres already taken possession of.
3. The revision petitioners are willing to surrender 4.75 acres from plots 'C' and 'D' and 0.07 acres from plot 'A' as shown in the report of the Advocate Commissioner. The plots have been so demarcated by the Advocate Commissioner deputed in O.P. No. 8542/1982 by this Court at the instance of the declarant. The Taluk Land Board has instead directed the legal heirs of the declarant to surrender 1.11 acres in plot 'C' and 3.71 acres in plot 'A' to make up the extent of 4.82 acres towards the liability to surrender excess lands. The revision petitioners being the legal heirs of the declarant are deeply aggrieved in as much as the lands willing to be surrendered have not been taken possession of.
4. I set aside the impugned order of the Taluk Land Board in so far it fixes the identity of the balance extent of 4.82 acres of land to be surrendered. The Taluk Land Board shall reconsider the request of the revision petitioners to surrender 4.75 acres from plots 'C' and 'D' and 0.07 acres from plot 'A' in terms of Section 85(6) of the Act. The Taluk Land Board shall pass revised orders within a period of three months from the C.R.P.(L.R.) No. 652 of 2013 3 date of production of this order. Needless to say that lands already taken possession of from plot 'A' shall be restored to the revision petitioners in the event of their option to surrender 4.75 acres from plots 'C' and 'D' and 0.07 acres from plot 'A' is upheld.
The Civil Revision Petition is disposed of. No costs.
SD/-
V.CHITAMBARESH JUDGE /TRUE COPY/ P.A. TO JUDGE DCS