STATE OF KERALA Vs. K KERALA VARMA

JUDGEMENT

(1.) Appellants challenge the judgment in O.P. 7438 of 1994. The learned Judge allowed the Original Petition and quashed Exts. P8 and P9 notices issued by the Taluk Land Board, Thiruvananthapuram holding that it lacked jurisdiction to entertain the same.

(2.) The question that arises for consideration is whether the Taluk Land Board has the power to review the decision taken by the State Land Board. Ext. P-5 is the order of the State Land Board dated 15-2-1972 determining the extent of the land the respondents have to surrender. It is many years thereafter that Exts. P-8 and P-9 notices were issued by the Taluk Land Board. That has been done by invoking the power under S.85(9A) of the Kerala Land Reforms. Act.

(3.) Contention of the appellants is that the learned Judge erred in holding that the Taluk Land Board has no power to initiate proceedings under S.85(9A) in respect of an order passed by the State Land Board: It is contended that the powers under S.85 of the Act originally exercised by the State Land Board were delegated to the Taluk Land Board consequent to the constitution of the Taluk Land Board and so the function originally exercised by the State Land Board under S.85 can very well be exercised by the Taluk Land Board in continuation of the proceedings by virtue of delegation of powers.