KARIMTHARUVI TEA ESTATES LIMITED Vs. STATE OF KERALA

JUDGEMENT

(1.) This judgment will dispose of the appeal and the O.P., as both raise the same controversy.

(2.) The appeal, preferred against the impugned judgment dated 18th March, 1993, raises a short but ticklish question for consideration whether sub-r. (9) of R.21 of the Land Assignment Rules, 1964 (for short, 'the Rules') is beyond the rule making power, as contained in S.7(1) of the Kerala Government Land Assignment Act, 1960 (for brevity sake, 'the Act'). Clause (n) of sub-s. (1) of S.7 reads as under:

(3.) The submission of learned counsel for the appellant before us is that S.7(1)(n) provides for revision only by the Board of Revenue and there is no provision under S.7(1) to provide for revision by the Government It is therefore, submitted that in view of the specific provision of revision under S.7(1)(n), sub-r. (9) of R.21 of the Rules providing revision by Government is beyond the rule making power and hence is void. Sub-r. (9) of R.21 is reproduced below: