PASUPATHI NAMPOOTHIRI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is in possession of certain lands which have been made the subject matter of proceedings under the ceiling provisions of the Kerala Land Reforms Act. There were several proceedings in respect of the same. The same have been taken up before this Court in Civil Revision Petitions and now the petitioner has filed Ext. P1 application before the Taluk Land Board, Tirur. The petitioner now submits that in view of the new Section introduced, viz. S.7E, in the Kerala Land Reforms Act, the petitioner is entitled to the benefits of that Section also. Therefore, he wants the Taluk Land Board to consider Ext. P1 in the light of that Section also. But, unfortunately, in view of Ext. P2 direction from the Secretary, Land Board, the Land Board is not inclined to consider that claim. The petitioner therefore seeks the following reliefs:

(2.) I have heard the learned Government Pleader also. The learned Government Pleader could not advance any reasoning in support of Ext. P2. He would submit that a proposal is under consideration by the Government to rescind the amendment introducing S.7E in the Act. Whatever be the proposal mooted by the Government, as long as S.7E is in the statute book, the Secretary of the Land Board could not have validly issued Ext. P2. No Government official has the jurisdiction to say that a provision in the statute book can be ignored. Therefore, Ext. P2 is clearly without jurisdiction.