Chitambaresh, J.(on behalf of Sathish Ninan, J. also)

1. The decision in State of Kerala v. Mohammedali Haji [1996 (1) KLT 584(DB)] is doubted by the learned single Judge which has been endorsed by the Division Bench and hence this reference to the Full Bench.

2.Mohammedali Haji's case (supra) itself came on a reference doubting the correctness of the decision in K.Krishnankutty v. State of Kerala and others [C.R.P.No.1245/1975] rendered by the single Judge. It was held in Krishnankutty's case (supra) that rocky area in a land from which granite stones could be extracted cannot be termed as a 'commercial site' under the Kerala Land Reforms Act, 1963 ('the Act'). The definition can be found in Section 2(5) of the Act which is as follows:

“(5) 'Commercial site' means any land (not being a kudiyiruppu or a kudikidappu or karaima) which is used principally for the purposes of any trade, commerce, industry, manufacture or business;”

(emphasis supplied)

The land on which commercial activity is conducted for the purposes of any trade, industry, manufacture etc. is exempted as a 'commercial site' in reckoning the ceiling area under Section 81(1)(q) of the Act.

3. The Act was enacted as pa