Kerala High Court
Abdul Kareem vs State Of Kerala on 12 November, 2025
Author: T.R. Ravi
Bench: T.R.Ravi
2025:KER:86491
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025/21ST KARTHIKA, 1947
CRP(LR) NO. 632 OF 2018
AGAINST THE ORDER DATED 26.12.2015 IN CC NO.1279 OF
1977 OF TALUK LAND BOARD, ALATHUR
REVISION PETITIONER:
ABDUL KAREEM
S/O.MAKKU RAWTHER,PUTTUNDA HOUSE,
PILAPULLY,PARUTHIPULLY P.O.,ALATHUR TALUK,
PALAKKAD.
BY ADVS.
SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 CHAIRMAN
TALUK LAND BOARD, ALATHUR - 678 541.
3 THE TAHSILDAR, ALATHUR - 678 541.
SMT. S. L. SYLAJA, GP.
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD
ON 12.11.2025, ALONG WITH CRP(LR).7/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:86491
CRP(LR) NOS.632/2018 & 7/2020
2
THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY, THE 12TH DAY OF NOVEMBER 2025/21ST KARTHIKA, 1947
CRP(LR) NO. 7 OF 2020
AGAINST THE ORDER DATED 05.09.2019 IN CC NO.1279 OF
1977 OF TALUK LAND BOARD, ALATHUR
REVISION PETITIONERS:
1 ABDUL KAREEM,
AGED 80 YEARS
S/O.MAKKU RAWTHER, PATTUNDA HOUSE, PILAPULLY,
PARUTHIPULLY P.O., ALATHUR TALUK, PALAKKAD.
2 SHERIEF,
S/O.LATE ABDUL RAHMAN, PATTUNDA HOUSE, PILAPULLY,
PARUTHIPULLY P.O., ALATHUR TALUK, PALAKKAD.
3 HAMZA,
S/O.MAKKU RAWTHER, PATTUNDA HOUSE, PILAPULLY,
PAUTHIPULLY P.O., ALATHUR TALUK, PALAKKAD.
BY ADVS.
SRI.P.R.VENKATESH
SRI.G.KEERTHIVAS
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT,THIRUVANANTHAPURAM, PIN - 695 001.
2025:KER:86491
CRP(LR) NOS.632/2018 & 7/2020
3
2 CHAIRMAN, TALUK LAND BOARD,
ALATHUR, ALATHUR P.O., PALAKKAD DISTRICT,
PIN - 678 541.
3 THE TAHASILDAR, TALUK OFFICE ALATHUR,
ALATHUR P.O., PALAKKAD DISTRICT, PIN - 678 541.
SMT. S. L. SYLAJA. GP.
THIS CRP (LAND REFORMS ACT) HAVING BEEN FINALLY HEARD
ON 12.11.2025, ALONG WITH CRP(LR).632/2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2025:KER:86491
CRP(LR) NOS.632/2018 & 7/2020
4
T.R. RAVI, J.
--------------------------------------------
CRP(LR) Nos.632/2018 & 7/2020
--------------------------------------------
Dated this the 12th day of November, 2025
ORDER
These two revision petitions arise out of the Ceiling Case CC No.1279 of 1977, relating to one Makku Rawther. The issue had come before this Court in several stages. The total extent which was found to be excess land was initially 14.96 Acres which got reduced to 43 cents as per the order dated 13.11.2008, issued pursuant to a remand by this Court in CRP No.2469 of 1999. The order dated 13.11.2008 was challenged before this Court in CRP No.43 of 2009 which was disposed of by order dated 15.03.2011 directing the Taluk Land Board to consider the claim of the petitioner under Section 7E of the Kerala Land Reforms Act, which had been brought in by an amendment, with effect from 18.10.2006. After remand, the issue was considered in two 2025:KER:86491 CRP(LR) NOS.632/2018 & 7/2020 5 stages. Initially, the question relating to 14 cents of land which had been surrendered for public purposes was taken up, and, by order dated 26.12.2015 the said extent was directed to be excluded and the total extent remaining to be surrendered was 29 cents. The order dated 26.12.2015 has been challenged in C.R.P (LR) No.632 of 2018. Thereafter, the question regarding the claim under Section 7E was taken up and by order dated 05.09.2019 the request was rejected. The reason stated is that the properties covered by the documents of transfer which could be considered for a claim under Section 7E, relate to properties situated in Survey Nos.41/12, 46/1 and 45/6B and that the properties situated in Survey No.41/12 are already exempted under Section 81 and the properties involved in Survey No.46/1 have not been included in the draft statement of the declarant. As far as the properties situated in Survey No.45/6B are concerned, it is stated that the said lands have not been ordered to be 2025:KER:86491 CRP(LR) NOS.632/2018 & 7/2020 6 surrendered. No other reason is discernible from the order. The order dated 05.09.2019 has been challenged in C.R.P (LR) No.7 of 2020. The Land Board ought to have considered both the issues together. As far as the properties in 41/12 and 46/1 are concerned, I do not find any reason to interfere with the findings of the Taluk Land Board. However, as far as the properties in Survey No.45/6B are concerned, the reasoning of the Taluk Land Board is not in accordance with law.
2. A learned Single Judge of this Court in Rajeev v. District Collector [2014(4)KLT 209] has held that the extent of land (in respect of which the claim under Section 7E of the Act is upheld) would be deleted from the account of the declarant and it would bring down the surrendarable liability and therefore declarant is as much concerned as the claimant when a claim under Section 7E of the Act is made. The above judgment was affirmed by a 2025:KER:86491 CRP(LR) NOS.632/2018 & 7/2020 7 Division Bench of this Court in State of Kerala v. Fr.Xavier Karuvallil [2015(3)KLT 573]. Hence if a claim under Section 7E is to be allowed necessarily the extent involved in the transaction has to be reduced from the surrendarable extent of the declarant and thus the declarant will be entitled to a benefit of reduction in the total area to be surrendered. The Taluk Land Board was hence obliged to consider whether the transaction in question was one which falls within Section 7E of the Act. If the findings are in the affirmative, necessarily the surrendarable extent will have to be reduced and fresh directions issued regarding the lands to be surrendered. In the case on hand it is submitted by the counsel that the extent of land involved in Survey No.45/6B comes to 29 cents in which case no land would be liable to be surrendered by the petitioners.
In the above circumstances, the order dated 05.09.2019 in CC No.1279 of 1977 is set aside. The Taluk 2025:KER:86491 CRP(LR) NOS.632/2018 & 7/2020 8 Land Board is directed to reconsider the issue and render a finding regarding the claim under Section 7E and if the finding is in the affirmative, necessary orders should be issued to deduct the extent of land covered by the document in question from the surrenderable extent of the declarant. In the light of the above direction, no further directions will be required in C.R.P.(LR) No.632 of 2018 since the order already reduces the total extent by 14 cents. The Taluk Land Board shall make all endeavour to complete the proceedings within four months from the date of receipt of a copy of this order.
Sd/-
T.R.RAVI JUDGE mpm