K.C. MOHAMMED MEERAN Vs. LAND BOARD

JUDGEMENT

(1.) THE appellant is the Original Petitioner. The Land Board, Thiruvananthapuram, by its order dated 7 -7 -1973 in Ceiling Case No. LB (B) 3 -8483/70, found that the family of appellant was liable to surrender land in excess of ceiling area to the extent of 18.86 acres. This order was under the Kerala Land Reforms Act. The matter was taken up in revision before this Court in C. R. P. No. 913 of 1973. By order dated 12 -3 -1974 this Court modified the order reducing the extent of excess land to 14.86 acres. Thereafter the Government took possession of the said excess land. The Land Board also took proceedings to transfer the land to the revenue department for assignment. The matter was finalized as far back as in 1974. On 7 -3 -1990, the office of the Land Board has issued a notice to reopen the case by exercising the powers under Section 85 (9A) of the Kerala Land Reforms Act. It is this notice which is challenged by the appellant in the Original Petition.

(2.) IN order to appreciate the contentions of the appellant, it is necessary to examine broadly some of the salient features of the Kerala Land Reforms Act in this connection. 'Land Board' is defined under Section 2 (31) of the said Act as the 'Land Board' constituted under Section 100. Under Section 100 the Government is required to constitute a Land Board for the whole State for performing the functions of the Land Board under the said Act. The. Section provides that the Land Board shall consist of a sole member, who shall be a member of the Board of Revenue or an Officer not below the rank of Secretary to Government appointed by the Government, or it may consist of three members. Where the Land Board consists of three members, the members shall be (1) a member of the Board of Revenue or an Officer not below the rank of Secretary to Government, appointed by the Government, who shall be the Chairman; (2) a judicial officer not below the rank of a District Judge nominated by the Government in consultation with the High Court; and, (3) an officer of the Government nominated by the Government. It is necessary to note at this stage that in fact at the material time, the Land Board consisted only of a sole member.

(3.) UNDER Section 100C of the said Act, which was also introduced by Act 17/72, powers of the Taluk Land Board are specified. It provides that for the purpose of performing its functions under the said Act, the Taluk Land Board shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure in respect of the matters specified therein. Section 100D provides for constitution of Land Reforms Review Board, with which we are not concerned. Section 101 deals with the power of the Land Board. The Section provides, inter alia, that the Land Board shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure in respect of the matters specified therein. Subsection (2) of Section 101 provides that the Land Board shall have superintendence over all the Land Tribunals, appellate authorities and the Taluk Land Boards, and the Land Board may, inter alia, call for returns from the Taluk Land Boards, make and issue general rules and prescribe forms for regulating the practice and proceedings of the Taluk Land Boards. It also has the power to transfer any proceedings pending before any Taluk Land Board to any other Taluk Land Board or re -transfer the same.