STATE OF KERALA Vs. P V MATHEW

JUDGEMENT

(1.) The revision petition is filed by the State against the order of the Taluk Land Board, Kothamangalam. The respondent filed ceiling return before the Taluk Land Board. It was disposed of by the Taluk Land Board with a direction to surrender an extent of 39.81 acres of excess land. Respondent declarant filed CRP 4433 of 1976 before this Court. The CRP was allowed and the case was remanded with a direction for fresh disposal. The Taluk Land Board passed order on 8-2-1979 directing the respondent to surrender an extent of 18.25 acres as excess land. This order was challenged by the respondent in CRP 607 of 1979. That CRP was allowed and the respondent was granted exemption in respect of 11.19 acres of land. The declarant was directed to surrender 7.06 acres of land and to file a statement regarding his option for surrender. The Taluk Land Board by order dated 23-3-1982 granted further exemption in respect of 5 acres 6.250 cents of land. That was done on the basis of the report of the authorised officer. Exemption of 42 cents was also given on the ground that the area being rocky. The revision petitioner challenges the Taluk Land Board's order on the ground that it is highly illegal and opposed to the order of this Court in CRP 607 of 1979.

(2.) The short question that arises for consideration is as to whether the Taluk Land Board can exercise power under S.85(9) of the Kerala Land Reforms Act in a case where this Court's order has become final. It is the admitted case that in CRP 607 of 1979 this Court in unequivocable terms held that the respondent has to surrender 7.06 acres of land. The respondent was also directed to submit a statement of option for surrender of the excess land. It is thereafter that the Taluk Land Board gave further exemption as aforesaid. As the order of this Court in CRP 609 of 1979 has become final the Taluk Land Board was not at all justified in giving further exemption in favour of the respondent.

(3.) Under S.85(9) of the Kerala Land Reforms Act the Taluk Land Board has the power to set aside its order under Sub-s. (5) or Sub-s. (7), as the case may be, and it can proceed afresh if it is satisfied that the extent of lands surrendered by, or assumed from, a person under S.86 is less than the extent of lands which he was liable to surrender under the provisions of the Act or the land surrendered by, or assumed from, a person are not lawfully owned or held by him, or in a case where a person is, according to such order, not liable to surrender any land, such person owns or holds lands in excess of the ceiling area. The proviso commands the Taluk Land Board not to set aside any order without giving the persons affected thereby an opportunity of being heard. Undoubtedly Land Board can set aside its order, in appropriate cases under S.85(9) of the Kerala Land Reforms Act. As this Court in C R.P. 607 of 1979 directed the respondent declarant to surrender 7.06 acres as excess land it is no longer open to him to canvass a position whereby he could claim further exemption from the Taluk Land Board. Under S.85(9) of the Kerala Land Reforms Act it will not be competent for the Land Board to make any modification with regard to the order of this Court which has become final. When revision filed before this Court against the order of the Taluk Land Board has become final it cannot at all be said that thereafter it would be open to the Taluk Land Board to exercise power under S.85(9) of the Kerala Land Reforms Act.