A.M. Shaffique, J.

1. This revision is filed by the State of Kerala challenging the order dated 30/06/2009 of the Taluk Land Board (for short TLB') exempting an extent of 1 acre 02.750 cents of land under Section 7E of the Kerala Land Reforms Act and directing surrender of 49.250 cents. Short facts involved in the above revision disclose as under:

The TLB initiated proceedings under the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act) against Sri. Innocent, the 4th respondent herein, for determining the ceiling area in respect of the land held by him. The TLB by order dated 02/05/1978 directed him to surrender an extent of 1.52 acres. When attempts were made to take possession of the premises, it was found that the property was in the possession of Smt. Mary Gosmi, mother of the 4th respondent, pursuant to which the TLB issued a fresh notice to the declarant. As there was no response from him, the earlier order was confirmed on 29/12/1980. Thereafter, one Joseph staked a claim in respect of the above property on 26/02/1981. It was noticed that a gift deed had been executed by the declarant in favour of his mother Smt. Mary Gosmi and she had conveyed/assigned properties to different persons. The TLB found that the gift was invalid and direction was issued to enforce the surrender from the property covered by the land purchased and balance from the declarant. Though CRP No. 1470/82 was filed, the same came to be dismissed as per order dated 13/08/1987. Certain alienees of the property, viz., respondents 1 to 3 herein, filed OP No. 142/1989 before this Court seeking for a declaration that they, being bona fide purchasers of the property, were not liable to surrender any land on behalf of the declarant. In the original petition it was contended that they had filed an application under Section 85(8) of the Act before the TLB which was not disposed of and hence they sought for direction to dispose of the said application as well. By judgment dated 10/01/1989, this Court disposed of the matter directing the TLB to pass final order on their claim. By proceedings dated 21/06/1999, TLB formed an opinion that the declarant had created a gift deed dated 10/11/1970 in favour of his mother in respect of land in Sy. Nos. 1036/3, 4, 5 of Punithura Village as per document No. 2610/70 during the pendency of the ceiling case. Declarant's mother sold the properties to the petitioners who had put in claim petitions under Section 85(8) of the Act. Since the gift deed was not accepted by the TLB, the claim petitions were rejected. Accordingly, there was a direction to take possession of 1 acre 52 cents of land in Sy. No. 1036/3, 4 & 5 in Punithura Village as specified in proceedings No. K. 2016/81 dated 02/11/1981. The above order came to be challenged before this Court by filing CRP No. 1979/1999. It was contended that the declarant had other properties and the transactions of the declarant were binding on him. Therefore, a request was made to consider whether the other properties of the declarant could be surrendered and the properties held by the petitioners may be exempted. By order dated 24/05/2005, this Court directed the TLB to consider whether the properties held by the petitioners, Joseph Karuvallil and Father Xavier Karuvallil, can be exempted, by taking over other properties of the declarant. The matter was remitted back to the TLB for fresh consideration. While the matter was pending before the TLB, the 1st respondent filed WP (C) No. 14325/2008 seeking for a direction to dispose of Ceiling Case No. 2016/1981 on the basis of the amended provision under Section 7E of the Act. This Court by judgment dated 13/08/2008 disposed of the matter with a direction to the TLB to consider his claim, if an application is filed under Section 85(8) of the Act. It is pursuant to the said direction that the impugned order came to be passed.

2. In the impugned order, it is stated that Father Xavier Karuvallil had obtained title in res