STATE OF KERALA Vs. M K KUNHIKANNAN NAMBIAR MANJERI MANIKOTH NADUVIL DEAD

JUDGEMENT

(1.) The State of Kerala, having obtained leave of this Court in Special Leave Petition (C) No. 13411 of 1987, appeals against the judgment of a learned single Judge of the High Court of Kerala, rendered in C.R.P. No. 2538 of 1981 dated 1-7-1987. The matter arises under the Kerala Land Reforms Act in connection with the proceedings relating to determination of ceiling area of the 1st respondent, by the Taluk Land Board, Taliparamba (hereinafter referred to as the 'Board') in T.L.B. 447 of 1977. The Board initiated proceedings, T.L.B. 447 of 1977 and issued notice to late respondent No. 1, head of the family, to surrender an extent of 6.32 acres of land, which according to the Board is the land, the family headed by the first respondent was holding in excess of the ceiling area. Respondent No. 2 is the wife of the first respondent. In the said proceedings, respondents Nos. 3 and 4 (sisters of the first respondent) sought impleadment under Section 85(8) of the Land Reforms Act, to set aside the proceedings of the order of Board dated 28-6-1977 and claimed tenancy rights over an extent of property measuring 10 acres, in R.S. Nos. 201 and 208 of Naduvil village, Taliparamba. The impleadment petition was rejected by the Board on 7-10-1977. Respondents Nos. 1 and 2 filed C.R.P. No. 3440 of 1977 before the High Court of Kerala, which was disposed of on 2-11-1977, the relevant portion of which reads as follows :-

(2.) The first respondent also challenged the proceedings dated 28-6-1977, by which he was directed to surrender 6.32 acres of land, in C.R.P. No. 3696 of 1977. The Civil Revision Petition was allowed by order dated 14-3-1979 and the operative portion of the order reads as follows :-

(3.) In pursuance to the later order of the High Court, the Board issued a revised draft statement and issued notice to respondents Nos. 1 and 2 calling upon them to file objections, if any. No objections were filed. However, respondents Nos. 3 and 4 filed a fresh petition for impleadment on 30-6-1980, which was allowed by the majority members of the Board on 29-7-1980. The majority members of the Board, by proceedings dated 9-1-1981, accepted the plea put forward by respondents Nos. 3 and 4 regarding tenancy and further held that respondent No. 1 was holding lands only within the ceiling limit. There was no surplus land to be surrendered. The aforesaid decision was assailed by the State of Kerala before the High Court in C.R.P. No. 2538/81. The learned single Judge of the High Court of Kerala, by order dated 1-7-1987, held thus:-