KRISHNAN Vs. TALUK LAND BOARD VAIKOM

JUDGEMENT

(1.) Two points arise for consideration in this Civil Revision by the applicant in an application under S.85 (8) of the Kerala Land Reforms Act, 1 of 1964, for short the Act, filed in Ceiling Case No. TLB. 21/73/VK.M of the Taluk Land Board, Vaikom. They are: (1) What are the conditions to be satisfied by the applicant under S.85(8) of the Act for setting aside an order passed by the Taluk Land Board in a ceiling case and should the Taluk Land Board decide on the merits whether the applicant is interested in the land to be surrendered before ordering the application, and (2) Where the order of the Taluk Land Board was modified by the High Court in revision and the direction to surrender the land in which the applicant has interest was actually made by the High Court, can the Taluk Land Board set aside the order under S.85(8) of the Act.

(2.) The 4th respondent in the Civil Revision is the person who filed the declaration in TLB. 21/73/VKM before the Taluk Land Board, Vaikom. The Taluk Land Board by its final order directed to surrender 2.50.497 acres as excess lands. Though 1.18 acres in Sy. No. 305/1 of Neezhoor Village over which the petitioner claims tenancy was also included in the lands covered by the declaration, it was not among the lands directed to be surrendered by the Taluk Land Board by its final order. The above order of the Taluk Land Board was challenged by the 4th respondent in C.R.P. No. 479 of 1976 before this Court. The Civil Revision Petition was disposed of by this Court on 12-10-1976. The order of the Taluk Land Board was, to some extent, modified and changes were effected in the items of lands to be surrendered by the 4th respondent. 1.18.00 acres in Sy. No. 305/1 os Nezhoor Village which the petitioner claims to be in his possession as tenant happened to be included in the lands to be surrendered by the 4th respondent. Admittedly, the petitioner was not a party in the Civil Revision Petition. Notice on the draft statement was also not issued to the petitioner by the Taluk Land Board. When the petitioner came to know of the direction to surrender he moved the Taluk Land Board on 7-12-1976 under S.85(8) of the Act for setting aside the order. The Taluk Land Board by its order dated 25-1-1977 dismissed the petitioner's application. According to the Taluk Land Board, the Petitioner's application was time barred. It was also held that the Taluk Land Board cannot review the order of the High Court which directed the surrender of the land over which the petitioner claims tenancy. According to the Taluk Land Board, the petitioner obtained the purchase certificate in respect of the land in collusion with the 4th respondent. The above order of the Taluk Land Board is questioned by the petitioner in this Civil Revision.

(3.) There is some substance in the contentions of the learned counsel for the petitioner. S.85(8) of the Kerala Land Reforms Act, 1 of 1964, reads: