(1.) Petitioners filed application before the Taluk Land Board, Palghat to set aside its order dated 17-12-1975 and re-open the matter. The Taluk Land Board rejected the application on the ground that the petitioners were minors as on 1-1-1970 and as they were included in the statutory family of the declarant while determining the ceiling area under S.85(A) of the Kerala Land Reforms Act the decision already taken is binding on them also.
(2.) Contention of the petitioners is that it was incumbent upon the Taluk Land Board to issue notice to all parties and as separate notice was not issued to their guardian it amounted to a virtual denial of hearing of their case and so the case requires rehearing.
(3.) S.2 of the Kerala Land Reforms Act defines 'family'. 'Family' means husband, wife and their unmarried minor children or such of them as exists. R.12 of the Land Reforms (Ceiling) Rules, 1970 provides for the service of draft statement on persons interested in the property. In a case where draft statement relates to an adult unmarried person, the draft statement prepared under R.10 together with a notice in Form No.3 inviting objections to the draft statement shall be served on him. Where such a person is a lunatic, idiot or a person subject to any like disability, the draft statement shall be served on the guardian, manager or other person in charge of such person or of the property of such person. R.12(1)(ii) provides that where the draft statement relates to a family, the notice and the draft statement shall be served on the husband and wife or such of them as exists or where the family consists of only minors, the notice and draft statement shall be served on their guardian, manager or other person in charge of such minors or their property. Thus it can be seen that in a case where the family consists of only minors notice has to be served on their guardian, manager or other person in charge of such minor or their property. In a case where the family consists of husband, wife and minor children, separate notice to the guardian or manager representing the minors is not contemplated. Thus it is evident from the Rule that in a case where the family consists only of minors, for example, in a case where their parents are not alive notice as provided under R.12(1)(ii) has to be given to the guardian or manager or other person in charge of such minors or their property. If the parents are alive, notice to them will be sufficient.