LAWS(KER)-1979-3-9

SISTER ANCHELA Vs. STATE OF KERALA

Decided On March 15, 1979
SISTER ANCHELA Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The short point that arises for consideration in this case is whether S.85 (9) of the Kerala Land Reforms Act, 1 of 1964, as amended by Kerala Land Reforms (Amendment) Act, 13 of 1978, for short the Act, can be invoked against a society registered under the Travancore - Cochin Literary, Scientific and Charitable Societies Act, 1955 and run by a religious denomination known as 'Sisters of the Destitute' in view of S.98A of the Act. The petitioner is the superior in charge of the St. Thomas Poor Home, Malayattoor which is a branch of the Poor Home conducted at Chunanganvely by a society established and run by the 'Sisters of the Destitute' under the banner 'House of the Aged and Infirm'. The above society is one which was registered under the Travancore - Cochin Literary Scientific and Charitable Societies Act, 1955. The society was registered by the religious denomination for the charitable purpose of looking after the aged and the destitute.

(2.) The petitioner filed a ceiling return on 15-2-1972 and the 2nd respondent Taluk Land Board by Ext. P-1 order dated 30-12-1975 recorded the same holding that the declarant being the Head of a religious and charitable institution, the lands owned by the institution are exempted under S.81(t)(ii) of the Act. But in December 1977, the petitioner was served with Ext. P-2 notice to show cause why Ext. P-1 order should not be set aside under S.85(9) of the Act and the petitioner's case taken up for reconsideration. The petitioner filed Ext. P-3 objections before the 2nd respondent. But, according to the petitioner, without taking a decision (this has been controverted by the counter affidavit filed on behalf of the 2nd respondent and Ext. R-1 produced along with the counter affidavit is an order dated 21-1-1978 rejecting Ext. P-3 objections of the petitioner) the 2nd respondent issued Ext. P-5 notice forwarding Ext. P-4 draft statement calling upon the petitioner to file objections to the draft statement. It was thereupon that the petitioner approached this Court with this original petition for quashing Exts. P-2, P-4 and P-5 and for a writ of prohibition restraining the 2nd respondent from taking any further proceedings in the ceiling case pursuant to the notices Exts P-2 and P-5.

(3.) A counter affidavit has been filed on behalf of the 2nd respondent. It is stated in the counter affidavit that Ext. P1 order happened to be passed by the Taluk Land Board under the impression that the petitioner's institution is a religious and charitable institution whose lands are entitled to be exempted under S.81(t)(ii) of the Act. In Para.5 it is stated that on a further scrutiny consequent on Ordinance No. 17 of 1977, it was found that the petitioner's institution came under 'other person' mentioned in S.85 A of the Act and hence. Ext. P2 notice was issued as the institution can retain only 10 standard acres and it is found liable to surrender an extent of 3.82 acres as excess lands. The earlier order Ext. PI was, as a matter of fact, set aside by Ext. R1 order dated 21-1-1978. It is contended in Para.11 that the 2nd respondent is competent to pass Ext. R1.