P P ASHRAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision is directed against the proceedings of the Taluk Land Board dated 22.11.1997, rejecting an application filed under S.85(8) of the Kerala Land Reforms Act, 1963, hereinafter referred to as 'the Act', to reopen the determination of the ceiling. The facts are as follows: The petitioners are children of one Sri. P.P. Abdu. The ceiling case of the family constituting of P.P. Abdu, his wife and their unmarried minor children as on 1.1.1970 was decided by the Taluk Land Board by order dated 3.11.1976 fixing a total holding of 31.04 ordinary acres and directing to surrender of the excess land of 15.53 ordinary acres. On a revision before the High Court in CRP No. 5227/76 the Board was directed to reconsider and thereafter by a fresh order dated 22.2.1979 the ceiling area was refixed and the declarant was directed to surrender an extent of 6.40 ordinary acres equivalent to 5.76 standard acres. The declarant again filed objections dated 5.8.1980 and 26.12.1980 under S.85(8) of the Act and by order dated 30.3.1981 confirmed the earlier order and directed the declarant to surrender an extent of 5.76 standard acres of land. The declarant again moved the High Court in CRP No. 766/82 against the Board's order which was dismissed on 10.8.87. The SLP filed by the declarant was dismissed on 27.1.1995. Petitioners attained majority in the year 1976 and one of the petitioner, P.S. Suaikha, was married in the year 1976. Both of them filed a petition under S.85(8) seeking to set aside the order dated 30.3.1981. The Board by the impugned proceedings dated 22.11.1997 dismissed those application as not maintainable. The revision is against this order.

(2.) The main contention of learned counsel for the petitioner is that petitioners are persons interested and the determination of ceiling area was done without hearing them and, therefore, their applications ought to have been considered on merits. It is further submitted that even though the original order of the ceiling case was decided on 3.11.1976 and a revised order passed on 22.2.1979 at the instance of the declarant, the determination was reopened and a fresh order was passed on 30.3.1981. This order attained finality by the dismissal of SLP dated 27.1.1995. Therefore, their application under S.85(8) of the Act itself within two years from the date of disposal and they have got sufficient reasons for condoning the delay and, therefore, the Board ought to have considered the matter on merits.

(3.) Learned Government Pleader while strongly opposing the revision submits that the ceiling case of the declarant has become final on 22.2.1979, that has not been challenged either by the declarant or by the petitioners. The order of the Taluk Land Board dated 30.3.1981 was at the instance of the declarant was found to be unsustainable. Therefore the proceedings initiated in pursuance to 30.3.1981 order and the subsequent revision before the High Court and the dismissal of the SLP by the Supreme Court cannot be taken as the proceedings pending for the purpose of the determination of the ceiling case. It was pointed out by the Board that S.85 (8) petitions of the declarant dated 5.8.1980 and 26.12.1980 were overruled. Therefore, the subsequent order cannot be basis for reopening the earlier order.