The State of Kerala has come up in Revision by challenging order dated 17.12.2007 passed by the Taluk Land Board, Kottayam in TLB 168/73/KTM.
2. After a detailed enquiry on the statement submitted by the declarant Sri.N.C. George, the Taluk Land Board on 12.10.1977 had found that there was no excess land to be surrendered by the declarant. It was found that out of the total extent of 85.23.500 acres, the declarant was entitled to get 73.24.500 acres exempted under Section 81 of the Kerala Land Reforms Act(for short, 'the KLR Act'). Further, the ceiling area applicable to the family was found to be 15 acres. In such a case there is no balance at all to be surrendered.
3. Consequent to the 1989 amendment of the KLR Act, the ceiling cases which were disposed of earlier by giving exemptions under Section 81 were reopened within a period of three years from the date of commencement of the amendment Act. Accordingly, the present case was also reopened and notice was again issued to the declarant. Proof for the exemptions granted was called for. The declarant had submitted detailed objection statement, along with 16 documents to prove his entitlement to the exemption, before the Taluk Land Board. The Taluk Land Board once again has found through the impugned order that there is no excess land to be surrendered.
4. Heard Smt.Susheela R. Bhat, the learned Special Government Pleader for the revision petitioner and Sri.John Joseph Vettikkad, the learned counsel for the respondents.
5. On hearing both sides, it has come out that there is absolutely nothing to interfere with the impugned order. It seems that as per the Rubber Board certificate, an extent of 34.75 acres of land had to be exempted. Further, document No.2 shows that 2.50 acres of land in the account of the declarant is being used as a public road. Similarly, document No.3 shows that an extent of 2 acres of wet land in the account of the declarant is being used as a Thodu for public purpose. Therefore, the said 4.50 acres is also liable to be deducted from the declarant's account. Document Nos.4 to 16 clearly reveal that the remaining properties for which exemption was granted were transferred much earlier to 01.01.1970 and therefore, the same were also liable to be exempted. Matters being so, it has come out that there is no excess land ordered to be surrendered in this case. There is absolutely nothing to interfere with the impugned order passed by the Taluk Land Board. Hence, this CRP is devoid of merits, and is only to be dismissed, and I do so.
In the result, this CRP is dismissed.
ul/-
Sd/- B.KEMAL PASHA, JUDGE [True copy] P.S. to Judge