MOTHER SUPERIOR Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The Taluk Land Board, Sherthallai, initiated steps against St. Joseph's Retreat House, Pattanakkad to surrender excess land. The Board by its order dated 27-9-1977 directed the declarant to surrender 6.49 acres of land comprised in Sy. No. 341/1-1 of Aroor village, Sherthallai Taluk. Aggrieved by the order of the Taluk Land Board, the declarant filed revision petition before this Court as CRP. 922 of 1987-E. This Court set aside the order and directed the Taluk Land Board to consider the matter afresh,

(2.) The declarant petitioner contended that by virtue of the provisions of S.98A and 81(l)(t)(ii) of the Kerala Land Reforms Act, the declarant is not liable to file any declaration and surrender any excess land. It was contended that St. Joseph's Retreat House is a religious, charitable and educational institution of a public nature. The Taluk Land Board considered this question and decided that the petitioner is not a charitable institution of public nature and hence not entitled to claim exemption under S.81(1)(t)(ii) of the Act. This order is being challenged by the petitioner.

(3.) S.98A of the Act says that a cooperative society or an institution of a public nature for religious and charitable purposes established and maintained by a religious denomination or any section thereof or the Board Trustees for the Improvement of the City of Trivandrum constituted under S.3 of the Trivandrum City Improvement Trust Act, 1960 will not come within the definition of "person" for the purpose of Chapter III of the Act. The explanation to S.98A reads as follows: