IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL TUESDAY, THE 1^ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 20876 OF 2012 PETITIONER/S:

1 JAYA SATHESH BABU, AGED 31 YEARS R-7, JAI NAGAR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM, PIN-695011.

2 VIVEK S.

DO. DO. DO.

BY ADVS.

SRI.N.SUKUMARAN (SR.)

SRI.BOBBYMATHEW KOOTHATTUKULAM SRI.N.K.KARNIS SRI.S.SHYAM RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-

695001.

2 LAND BOARD, OFFICE OF THE LAND BOARD, THIRUVANANTHAPURAM-695001.

3 TALUK LAND BOARD THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM-

695001.

4 TAHSILDAR QUILANDY TALUK, QUILANDY P.O., PIN-673305.

5 VILLAGE OFFICER CHAKKITTAPARA VILLAGE, QUILANDY TALUK, PIN-673305.

6 DISTRICT COLLECTOR KOZHIKODU DISTRICT, COLLECTORATE, KOZHIKODE, PIN-

673020.

7 CHIEF CONSERVATOR OF FOREST THIRUVANANTHAPURAM, PIN-695001.

BY ADVS.

SRI.ARUN AJAY SANKAR, SR.GOVERNMENT PLEADER SMT.N.RENJINEE DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 6.7.2023, THE COURT ON 01.08.2023 DELIVERED THE FOLLOWING:

AMIT RAWAL, J.

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WP(C) No.20876 of 2012 ------------------------------------- Dated this the 1^st day of August, 2023 J U D G M E N T

1. Auction notice, Ext.P13, dated 3.3.2012 of the Additional Tahsildar, Taluk Office, Quilandy and mahazar, Ext.P14, dated 23.9.2011 prepared by the fifth respondent, Village Officer, taking possession of fifteen Acres of rubber plantation in Survey No.879 part are under challenge in the present writ petition.

2. First petitioner is the mother of the second petitioner. One Sri.Balagangadharan and his wife Malathi were owners of large extent of lands situated in Thiruvananthapuram, Karthikappally, Pathanamthitta, Peermedu and Quilandy Taluks as on 1.1.1970. Their family as on 1.1.1970 consisted of:

(1) Balagangadharan : aged 55 years (2) Malathy, wife : aged 47 years (3) Indira Ramachandran, Married daughter (4) Beena Sarasan, Married daughter (5) B.Bala Mohan, Minor son (6) Asha Balagangadharan, Minor daughter (7) Jaya Balagangadharan, Minor daughter (8) Manju Balagangadharan, Minor daughter.

3. On 3.11.1982 Sri.Balagangadharan died and later on his wife, Malathi, also died. In the year 1970, the family members entered into a partition deed registered as deed No.3559 of 1970 at Sub Registrar's Office, Kazhakkoottam.

4. Taluk Land Board ('TLB' for short), Thiruvananthapuram initiated proceedings under the provisions of the Kerala Land Reforms Act, 1963 ('Act', for short) and vide order dated 13.7.1989 Ext.P1 determined the extent of land to be surrendered as detailed hereunder:

Total area possessed : 2534.71.673 Acres Exempted area : 2455.01.667 Acres Balance : 79.70.006 Acres Ceiling area applicable : 20.00.000 Acres Excess to be surrendered : 59.70.006 Acres

5. As per the pleadings, the exempted land included private forests and an extent of 146.24 Acres of old rubber plantation belonged to the first petitioner and her sisters. When the fourth respondent, Tahsildar, Quilandy attempted to take possession of the property alleged to be in excess, petition dated 18.10.1989, Ext.P2, was submitted before the third respondent, TLB. In the pleadings, it has been alleged that during pendency of Ext.P2, an extent of 47.416 Acres of land was taken into possession by the fourth respondent through Revenue Inspector, Perambra on 20.10.1989. The third respondent processed the petition, Ext.P2, and called for a report from Tahsildar, Quilandy, but there was no response. So, the District Collector, Kozhikkode was called upon to issue directions to the Tahsildar, Quilandy to report on the complaints in Ext.P2, as per Ext.P3. As nothing surfaced, another representation dated 19.10.1990, Ext.P4, was submitted before TLB.

6. On 2.11.1990, third respondent passed order, Ext.P5, on the representation, Ext.P4, and held that excess land of 59.70 Acres be taken over as