Judges : P.K.BALASUBRAMANYAN,T.M.HASSAN PILLAI
Athura Seva Sanghom - Appellant
Versus
The State of Kerala - Respondent
Case No : CRP No 1779 of 1987
Decided On : 08/08/2001
Advocates Appeared :
For the Petitioner: P.G. Parameswara Panicker, Advocate. For the Respondent: R1 Govt. pleader P. Gopinathan Nair, R2 T.P. Kelu Nambiar (Senior Advocate) & V. Chitambaresh Advocates.
Kerala Land Reforms Act –Sections 103, 102, 13, 72, 7D –Issue on Occupation of Property –Learned counsel for the revision petitioner, in the light of the order of remand passed by the Supreme Court accepted the position that to qualify for protection under of the Act the revision petitioner had to show that the revision petitioner was in lawful occupation of the property for a period of two years within twelve years – The only argument attempted by learned counsel for the revision petitioner was that when the lease was granted on 21.2.1964, the lease was valid because the Commissioner had granted sanction purportedly under S. 29 of the Hindu Religious and Charitable Endowments Act and even though that sanction was subsequently cancelled and the lease was also subsequently cancelled, it could not be held that the occupation at its inception was not lawful –Held, In the view court has taken, court find that neither the Land Tribunal nor the Appellate Authority have committed any error of law or have failed to decide any question of law warranting our interference in Revision under the Act – On the materials it is clear that the revision petitioner is not entitled to claim rights under S. 7D of the Act, which was the only claim put forward on behalf of the revision petitioner – In that situation, court confirm the decision of the Land Tribunal and the Appellate Authority and dismiss this Revision – Those documents have been scrutinised by court while considering the claim of the revision petitioner –Those documents by themselves do not advance the case of the revision petitioner and it was submitted that they have been produced only to enable this Court to properly appreciate the contentions sought to be raised by the revision petitioner –Revision dismissed
P.K. Balasubramanyan Ag.C. J.
This Revision under Section 103 of the Kerala Land Reforms Act arises from Suo Motu Proceeding S.M.1464 of 1982 initiated by the Land Tribunal, Ottapalam purporting to exercise jurisdiction under Section 72C of the Act. The land owner appeared on receipt of notice and disputed the claim and of the revision petitioner who got the proceeding initiated. The Land Tribunal held that the revision petitioner was not a cultivating tenant as defined in the Act and hence was not entitled to an order of assignament in terms of Section 72B or Section 72C of the Act. Thus the Land Tribunal dropped the proceedings initiated. The Land Tribunal held that the revision petitioner was not a cultribvating tenant as defined in the Act and hence was not entitled to an order of assignment in terms of Section 72B or Section 72C of the Act. Thus the Land tribunal deopped the proceedings. The revision petitioner filed an appeal A.A.49 of invoking Section 1984 invoking Section 102 of the Act. The Appellate Authority confirmed the decision of the Land Tribunal and dismissed the appeal. The Revision Petitioner filed this Revision before this court invoking section 103 of the Act. A Single Judge of this court by order dated 24.7.1989 allowed the Revision and upheld the claim of the revision petitioner. The land owner went up in appeal to the Supreme Court as C.A. No.8401 of 1995. The Supreme Court allowed that appeal and setting aside the the decision of the Single Judge in Revision remanded the Revision for a fresh hearing and decision in accordance with law and in the light of the observations contained in the judgment of the Supreme Court. The Supremes Court also suggested that it would be appropriated if a Division Bench were to hear the revision thus remanded. That is how, this revision has been posted before us for hearing as directed the Hon'ble Chief Justice.
2. The land in question belongs to a Devaswom, a Hindu Religious Institution governed by the Madras Hindu Religious and Charitable Endowments Act. The land belonging to the Devaswom could be sold or leased out only on the basis of sanction to be obtained from the Commissioner, Hindu Religious and charitable Endowments. The sanction was granted by the commissioner on 3.4.1961 for leasing out 300 acres of land and the lease was granted on 21.2.1964. According to the revision petitioner he entered the property based on the lease dt. 21.2.1964 which in turn was based on the order of sanction dt.3.4.1961. Meanwhile the Government exercised its power under Section 99 of the madras Hindu Religious and Charitable Endowments Act and in exercise of its revisional power set aside the order of sanction granted by the Commissioner on 3.4.1961 and directed the Commissioner to reconsider the question of sanction. The revision petitioner filed O.P. 1877 of 1968 before this court challenging the revisional order passed by the Government. There were other leases also granted pursuant to such sanction by the same Commissioner and in those cases also the Government had interfered in exercise of its jurisdiction under Section99 of the Hindu Religious and Charitable Endowments Act. The Writ Petitions filed in those cases ultimately came up for hearing before a Full Bench of this Court. The full by the judgment dt.19.8.1970 reported as Ayyappan Pillai v.State of Kerala (1970 K.L.T. 838) dismissed the Original Petitions finding that the circumstances clearly justified interference in revision by the Government. Since the case of the revision petitioner stood on an identical footing, the learned Judge before whom O.P.1877 of 1968 came up for hearing dismissed that Original Petition in the light of the decision of the Full Bench in Ayyappan Pillai v. State of Kerala (1970 K.L.T. 838). Thus the cancellation of the sanction to lease stood confirmed. Thereafter the sanction was denied with the result that the lease in favour of the revision petitioner became ineffective or void as a
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