MEENAKSHI PANIKKATHYAR Vs. VELAYUDHAN

JUDGEMENT

(1.) The petitioner has come up with this revision petition challenging the legality and correctness of the decision rendered by the Appellate Authority (Land Reforms), Calicut in A. A. No. 1191 of 1972 on its file. That was an appeal preferred by the revision petitioner herein against an order of the Land Tribunal, Kozhikode allowing O. A. No. 180 of 1971 filed by the respondent herein under S.80B of the Kerala Land Reforms Act for the purchase of a kudikidappu which is situated on the petitioner's property.

(2.) One of the main contentions which the petitioner had unsuccessfully advanced before the Land Tribunal and the Appellate Authority is that the application filed by the respondent herein for the purchase of the kudikidappu was not maintainable in as much as it was instituted prior to the expiry of the period of two years for the making of an application to the Government for acquisition of other land for allotment to the kudikidappukaran in cases where the kudikidappu Is situate on a land belonging to a person who owns only less than one acre In all. It is contended that the revision petitioner owns only less than 1 acre of land and was therefore eligible to apply to the State Government under S.75(3) of the Act and that it was incumbent in the kudikidappukaran to wait till the expiry of the said period before moving the Land Tribunal with an application for purchase of the kudikidappu under S.80B of the Act.

(3.) It is admitted that the petitioner has not uptill now filed any application before the State Government under S.75(3) of the Act even though the time fixed therefor has expired on 31-12-1971 itself. The Land Tribunal passed orders allowing the kudikidappukaran's prayer for purchase of the kudikidappu only subsequent to the expiry of the said time limit, the date of the Land Tribunal's order being 6th July 1972. The learned advocate appearing for the petitioner relied strongly on the provisions contained in S.80A(2) which lays down that,