PADMANABHA BHAT Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is a petition under S. 482 of the Code of Criminal procedure to quash the judgment of the Division Bench of the Taluk Land Board, kasaragod, in C. C. No. 9 of 1977 convicting the petitioner under S 118-A of the kerala Land Reforms Act 1 of 1964 (for short the Act) for failure to file a statement of land owned or held by him under S. 85-A of the Act and sentencing him to pay a fine of Rs. 500/-and in default to undergo S. I. for a period of one week.

(2.) S 85-A of the Act requires every family owning or holding more than 12 acres in extent of land and every adult unmarried person and family consisting of a sole surviving member owning or holding more than six acres in extent of land and every other person (other than a Bank) owning or holding more than 12 acres in extent of land to file a statement before the land Board giving the particulars of the land etc. within forty-five days from the commencement of the Kerala Land Reforms (Amendment) Act, 1972. The amending act came into force on 2-11-1972. By the amending Act 11 of 1973, 45 days was replaced by 75 days. The case against the petitioner is that he is a person obliged to file a statement and did not file it. He contended before the Land board that he is not a person obliged to file a statement under S. 85-A of the act. Prosecution was initiated on a complaint filed by the competent authority, namely, the Tahsildar, Kasaragod. After trial, the Taluk Land Board held the petitioner guilty and convicted and sentenced him as stated above

(3.) S. 118-A of the Act prescribes a penalty of imprisonment for a term which may extend to one year or a fine which may extend to Rs. 2000/-or with both for failure to file a statement under S. 85-A of the act within 75 days from 2-11-1972 by a person bound to file a statement. S. 123-A states that notwithstanding anything contained in S. 123 of the Act or in the Code of Criminal Procedure 1973 (originally the Section referred to the 1898 Code and this was altered as Act 2 of 1974 by the Amending Act 15 of 1976), an offence under S. 118-A shall be tried by the Taluk Land Board of the taluk in which the person bound to file the statement under S. 85-A of the Act ordinarily resides. Clause (2) of the Section states that notwithstanding anything contained in the Code, every member of a Taluk Land Board shall for the purpose of sub-section (1) be deemed to be a Judicial Magistrate of the I class Sub-section (3) states that subject to such rules as may be made by the government under Sub-section (5), the Taluk Land Board shall in trying an offence punishable under S. 118-A follow the procedure prescribed under the Code for the trial of Summons cases by Judicial Magistrates. Clause (4) states that the Taluk Land Board shall not take cognizance of any offence punishable under s. 118-A except on complaint in writing made by an officer authorised by the government in this behalf. Clause (5) contemplates the Government making rules in regard to the constitution of Benches of the Taluk Land Board and the time and places of sitting and the mode of setting differences of opinion which may arise between the members of the Bench Rules regarding these matters have been framed in the Kerala Land Reforms (Trial of Offences by the Taluk Land Board)Rules, 1976