1. In these batch of writ petitions, a common question of law arises for consideration which is in respect of land exempted under the Kerala Land Reforms Act, 1963 (for short, the “KLR Act”) and therefore, they are being disposed of together by a common judgment.

2. Section 81 of Chapter III of the KLR Act exempts certain categories of land from restriction on ownership and possession in excess of ceiling area. Some of the exempted categories are plantations, cashew estate, land owned by the Government, land comprised with factories, workshops etc.

3. These writ petitions are filed either by the owner of the exempted land or by the purchaser of the land from exempted land owners under the KLR Act. The Revenue Officials refused to effect mutation in respect of the land alleging violation of the KLR Act. In some cases, the Registering Authority insisted for no objection certificate for the purpose of registration of document involving exempted land.

4. Section 82 of the KLR Act prescribes ceiling area of a land. Section 83 of the KLR Act declares that no person shall be entitled to own or hold or to possess any land in excess of the ceiling area.

5. The learned Special Government Pleader Smt.Susheela R.Bhatt, with reference to S.87 and 120A of the KLR Act, submitted in the course of the arguments that the authorities have sufficient power to take appropriate action to prevent fragmentation and conversion of the land to defeat the very objectives of the KLR Act.

6. The KLR Act is a comprehensive legislation relating to the land reforms in the State of Kerala. The exemption granted under Section 81 of the KLR Act is based on public interest. The exemption to plantations, cashew estate etc. is with a view to protect such agricultural activities which, by very nature require large extent of land to sustain its operation and benefits. Thus, the land, on qualifying for exemption is not taken into account to determine the ceiling area. There is no provision in the KLR Act for restricting alienation of exempted land in whole or part. The question is what is the legal impact if alienation has taken place in respect of exempted land.

7. Section 87(1) of the KLR Act stipulates that any acquisition of land after the date notified would be reckoned for calculating ceiling area and excess land will have to be surrendered after the date notified as per Section 83 of the KLR Act. Section 83 of the KLR Act refers that no person to hold land in excess of the ceiling area as on the date notified by the Government. The date of notification is 1/1/1970. It is appropriate to refer the explanation (I) to Section 87 of the KLR Act which reads as follows:

“Where any land is exempted by or under Section 81 and such exemption is in force on the date notified under Section 83, such land shall, with effect from the date on which it ceases to be exempted, be deemed to be land acquired after the date notified under Section 83.”

Explanation as above clearly indicates that once land which is exempted loses its character which qualifies for exemption, shall be deemed as a land acquired after the date notified under Section 83 of the KLR Act. Therefore, any land as a whole or in part is converted into any other class of land which is not specified for exemption, be deemed to be land acquired after the date notified under Section 83 of the KLR Act. This provision abundantly makes it clear that exempted land once it is converted would be reckoned for calculating total ceiling area of the person who held the land as on 01/01/1970.

8. The KLR Act envisages social control over the right to property. The right to property, after the 44th amendment of the Constitution of India is only a constitution/legal right, therefore, the State can control use of the land to subserve social or economic interest of the State.

9. On promulgation of the KLR Act in the State, the entire landed property in the State is subjected to State control as envisaged under the provisi