PANKAJAKSHI AMMA Vs. GOURIKUTTY AMMA

JUDGEMENT

(1.) C.R.P.Nos. 1220 and 1662 of 2000 arise out of S.M. No. 994 of 1976 on the file of the Taluk Land Board, Palakkad, while C.R.P.No. 1420 of 2000 arises out of S.M.No. 993 of 1976 on the file of the Taluk Land Board, Palakkad. Since common questions are involved in these revisions, they are being disposed of by this common order.

(2.) Suo motu proceedings were initiated as S.M.No. 994 of 1976 showing Pazhaniswamy Kounder as the assessee. The Taluk Land Board passed an order dated 19.11.1976 holding that the assessee, Pazhaniswamy Kounder held excess land and that he is liable to surrender an extent of 28.75 acres of land. Challenging the order passed by the Taluk Land Board dated 19.11.1976, C.R.P. No. 5749 of 1976 was filed. As per order dated 08.08.1978, this Court set aside the order of the Taluk Land Board on the ground that no intimation from the Land Board under Section 85(7) of the Kerala Land Reforms Act was obtained. It was also held that the Taluk Land Board would be free to take action under Section 85(7) of the Act if and when intimation was received. There was another revision, viz. C.R.P. No. 5752 of 1976 filed by Damodaran Nair, assignee, Pazhaniswamy Kounder. That Revision was allowed on 04.12.1979 on the same ground on which C.R.P.No. 5749 of 1976 was allowed. Thereafter, the Taluk Land Board passed the present order dated 04.04.2000 in S.M.No. 994 of 1976. It is stated in the order thus: "On going through the file, it is seen that the Land Board, Thiruvananthapuram in the proceedings LB.6.48610/76 K.Dis.dt.11.07.76 which was received in the office on 20.8.76 had accorded sanction to initiate suo moto proceedings against the assessee Sri.R.S.Pazhaniswamy Kounder to determine the extent and identity of land to be surrendered. But that fact is found to be omitted to bring to the notice of the Hon ble High Court in time which resulted in the above judgments. In persuance of the judgment dt. 8.8.78 and 4.12.78 in the CRP s 5749/76 and CRP.5752/76 respectively, the case was re-opened and revised draft statement with notice dt. 9.5.79 was issued to Sri R.S. Pazhaniswamy Kounder (2)Sri Damodaran Nair, (3) Smt. Kunhilakshmi (4) Shri Rajeev (5) Shri Subramanian for appearing before the Taluk Land Board on 30.05.79 with relevant document/evidence in support of their claim. The Taluk Land Board again issued notice to the above claimants on 24.9.99 and 10.1.2000."

(3.) After hearing the parties, the Taluk Land Board did not independently discuss the contentions put forward by the assessee or the claimants but simply decided to retain the earlier order dated 19.11.1976 in S.M.No. 994 of 1976. The order dated 19.11.1976 was set aside by the High Court on the sole ground that sanction from the Land Board was not obtained. The Taluk Land Board was not justified in simply reviving the earlier order without considering the contentions put forward by the assessee and the persons who put forward the claims.