STATE OF KERALA Vs. DHANANJAYAN NAMBIAR

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the State against the order dated 27-1-1981 in TLB. 762/73 on the file of the Taluk Land Board, Hosdrug. The Taluk Land Board as per its proceedings dated 11-9-1976 directed the first respondent to surrender and extent of 15.05 acres of land as excess land. The Tahsildar, Hosdrug took possession of 13.95 acres and reported that 1.10 acres ordered to be surrendered was in the possession of one Harijan. It appears that the Taluk Land Board passed a revised order dt. 14-3-1979 fixing excess land to be surrendered by the family of the first respondent as 13.95 acres. Thereafter notice was issued by the Taluk Land Board for reopening the case under S.85(9) of the Kerala Land Reforms Act, as according to the Board the area ordered for surrender was found to be less than the extent of land to be surrendered by the declarant. The declarant did not file any objection and the Board in its order dated 8-9-1979 ordered to surrender another extent of 3 acres in R.S. No. 393/1 of Periya Village in addition to 13. 95 acres already ordered to be surrendered. It appears that the Tahsildar reported that the declarant is not in possession of any land in Sy. No. 393/1. Thereafter the impugned order was passed by the Taluk Land Board ordering to surrender an extent of 4 cents in R. S.415/5 of Belur Village and 2. 33 acres in R. S.109 of East Eleri Village. In determining the excess land liable to be surrendered by the declarant, the Taluk Land Board held that the family of the declarant is entitled to retain 15 acres. The contention raised by the learned Government Pleader is that before passing the revised order under S.85(9) of the K.L.R. Act, in exercise of the powers conferred by S.85(9) of the Act it is mandatory that the Taluk Land Board should set aside the earlier order. It is not disputed that the Taluk Land Board has not set aside the earlier order before passing the impugned order.

(2.) I am of the view that the learned Government Pleader is well founded in bis contention. This Court had occasion to consider this question in C.R.P. No. 85 of 1980-B. In that case Bhat J. held that once a final order is passed by the Taluk Land Board, it can be set aside or modified or varied either by this Court under S.108 of the Kerala Act I of 1964 or by the Taluk Land Board itself acting under sub-s.(8) or (9) of S.85 of the Act, and there is no other provision of the Act or the Rules empowering the Taluk Land Board to modify the final order to any extent in any other manner. The learned Judge further held that in exercise of the power, the Land Board cannot straightaway amend or modify the final order without proceeding afresh under sub-s.(5) or sub-s.(7) of S.85 of the Act and that there cannot be a combined order in which the Taluk Land Board sets aside the earlier final order and also passes another final order or a modified final order. I am in respectful agreement with the view expressed by the learned Judge. In the instant case, the earlier order was not set aside and fresh proceedings were not initiated under sub-s.(5) or sub-s.(7) of S.85 of the Act.