VELAYUDHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) IN a ceiling case against the 4th respondent an order under S. 85 (5) (c) of Kerala Act 1 of 1964 (for short the 'act') was passed by the Taluk Land Board on 15-12-1975 and it was confirmed in revision by this court on 3-11-1976. On 13-11-1976 the 4th respondent's major son (revision petitioner) filed an application under S 85 (8) of the Act for setting aside the order on the ground that the land held to be belonging to his mother does not belong to her but belongs to bis family, the same having been acquired by his father for the benefit of the family. Since the application was filed not within 60 days but nearly eleven months after the date of the order passed by the Taluk Land Board and since the ground urged for condoning the delay was not acceptable, the Taluk Land Board dismissed the application and this order is now challenged.

(2.) THE learned counsel for the revision petitioner contended that the period of 60 days for filing the application under S. 85 (8)of the Act will commence only from the date of the disposal of the CRP by this court, i. e. 3-11-1976 and not from the date of the order passed by the Taluk land Board, i. e. 15-12-1975 and hence the application filed on 13-11-1976 was within time. THE learned Government Pleader contended that irrespective of the filing of revision and disposal of the same, the period of 60 days has to be calculated from the date of the order of the Taluk Land Board. He also contended that the applicant being the son of the declarant, cannot be treated as ;'a person interested" eligible to move the Taluk Land Board under s. 85 (8) of the Act

(3.) IT is suggested in the course of the arguments that if this view be taken, it has to be held, following the dictum in Chathunni's case, that Taluk Land Board cannot set aside an order which has merged in the revisional order under S. 103 of the Act. In Chathunni's case this Court held that where the order of the Taluk Land Board has merged in the revisional order, the Land Board cannot exercise power under S. 85 (9) of the Act According to S. 85 (9), under the contingencies specified therein, Taluk Land Board may set aside "its order". This Court held that where the order of the Taluk land Board has been challenged in revision and the revision has been disposed of on merits, the Taluk Land Board will not then be setting aside "its own order" but that of the revisional authority with whose order the Taluk land Board's order must be taken to have merged and hence power under S. 85 (9)cannot be exercised by the Taluk Land Board.