ALYARUKUNJU Vs. GOVT OF KERALA

JUDGEMENT

(1.) Revision petitioner is the sister of lunatic P. Aliyarukunju, against whom suo moto proceedings were initiated by the Taluk Land Board under the provisions of the Kerala Land Reforms Act As per the draft statement P. Aliyarukunju has to surrender 1.49 acres of land. His sister filed objection to the draft statement. The revision petition is filed against the order passed by the Taluk Land Board under S.85(7) of the Kerala Land Reforms Act.

(2.) Contention of the revision petitioner is that the proceedings initiated by the Taluk Land Board without an order of appointment of guardian of the lunatic in respect of whose lands the order has been passed is void and without jurisdiction. It is contended that the sister of the lunatic on whom notice of the draft statement was served is neither the legal heir of the lunatic as stated in the notice nor she the guardian. Counsel contended that unless a guardian is appointed by the court nobody can represent the lunatic and hence on that sole score the order is liable to be set aside.

(3.) Learned Government Pleader submitted that enquiries revealed that Shri. P. Aliyarukunju is residing with his eldest sister and the land owned by him is being managed by her and her husband. Under S.85(7) it is open to the Taluk Land Board after necessary enquiries to determine the extent and other particulars of the lands liable to be surrendered by a person in a case where he fails to file the statement. R.12 of the Kerala Land Reforms (Ceiling) Rules, 1970 provides for service of draft statement on persons interested. R.12 provides that the draft statement prepared under R.10, together with a notice in Form No. 3 inviting objection to the draft statement shall be served on an adult unmarried person, or where such person is a lunatic, idiot or a person subject to any like disability, on the guardian, manager of other persons in charge of such person or of the property of such person. In this case the notice was served on the sister of the lunatic as provided under R.12(1)(i) of the Kerala Land Reforms (Ceiling) Rules, 1970. The rule does not envisage that the notice of draft statement should be served necessarily on the legal guardian appointed under the Guardians and Wards Act or any other status. As the Kerala Land Reforms Act is a self contained statute and as R.12(1)(i) specifically states that, notice inviting objection to the draft statement shall be served where the draft statement relates to an adult unmarried person on such person, or where such person is a lunatic, idiot or a person subject to any like disability, on the guardian, manager or other persons in charge of such person or of the property of such person, it is futile to contend that the notice served on the sister of the lunatic who is looking after him and his properties is not proper and legal. The enquiries revealed that the lunatic is residing along with his sister and her husband and that she has been managing his affairs including his properties. That being the position there is no force in the contention that service of the draft statement was not on a person legally entitled to receive it and therefore the order of the Taluk Land Board is liable to be set aside.