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2014 Supreme(Online)(KER) 14349

HIGH COURT OF KERALA
K.HARILAL, J
C.P.MOHAMMAD KUTTY – Appellant
Versus
TALUK LAND BOARD ERNAD – Respondent


Advocates:
SRI.P.M.POULOSE

ORDER

The petitioner is the assessee in Ceiling Case No.C.R.1/2007 on the files of Taluk Land Board, Ernad initiated under Section 87 of the Kerala Land Reforms Act. The said Ceiling Case was for determination of excess land consequent on acquisition of land by the assessee after 01-01-1970. In this proceedings, draft statement was issued to the assessee stating that statutory family is in ownership and possession of 15.33 Acres equivallent to 11.07 standard Acres. The assessee filed objection to draft statement. As per the objection, the petitioner contended that there are two “Kudikidappukars” in re-survey No.258 of Kondotty village and requested for exclusion of that 20 cents. The authorised officer in the earlier ceiling case No.CR.618/73 on inspection reported “Kudikidppus” in the above property. But the Land Board discarded the said report and rejected the objection holding that purchase certificates have not been produced. As per the objection No.4, the petitioner contended that land in Survey No.29/2 of Elankur Village classified as cashew garden was actually other Dry Land as on 01/04/1964 and hence requested to treat it as O.D.land. The authorised officer reported that the

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