LAWS(KER)-1991-1-27

PUSHPAMANI Vs. STATE OF KERALA

Decided On January 01, 1991
PUSHPAMANI Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Petitioner filed I.A. 11 of 1989 in S.M.P. 63 of 1988 before the Land Tribunal, Quilon to consider the maintainability of the suo motu proceedings as a preliminary point. Land Tribunal by Ext. P10 order dated 26-4-1989 dismissed the petition holding that the case can be decided on merits after taking evidence of both parties.

(2.) Petitioner contended that S.M.P. 63 of 1988 is not maintainable in view of the earlier decision of the Land Tribunal dropping the suo motu proceedings. Another contention is that the Land Tribunal lacked jurisdiction in initiating suo motu proceedings at the behest of the Land Board as it cannot legally issue any direction to the Land Tribunal.

(3.) Petitioner contended that the respondents 4 to 6 could not have directly approached the Land Board for assignment of the rights of the landlord and the Land Board lacked jurisdiction to issue direction to the Land Tribunal to initiate suo motu proceedings. Ext. P2 petition dated 21-7-1986 was filed by respondents 4 to 6 before the Land Board praying that the land be assigned in their favour. A similar petition (Ext. P5) dated 27-12-1986 was filed where it was alleged that Ext. P2 petition was sent for further action from the Land Board to the Land Tribunal, that the Land Tribunal deputed the Revenue Inspector to enquire into the matter and as a result of the influence of the petitioner no proper enquiry was held by him. Allegation of corruption also finds a place in the petition.