Back
1986 Supreme(Ker) 171
Judges : MALIMATH,BHASKARAN NAMBIAR
TALUK LAND BOARD - Appellant
Versus
SREEKRISHNAN - Respondent
Case No : W.A. No. 463 of 1981
Decided On : 06/21/1986
Advocates Appeared :
Government Pleader; For Appellant N.K. Sreedharan; For Respondent
The transitory provisions in S.4 of the Amending Act allowed the Taluk Land Board to set aside orders even after the expiry of the prescribed period of limitation, within a specified time frame, to prevent persons from holding land in excess of the ceiling.
Headnote:
Jurisdiction - Kerala Land Reforms Act - S.85(5), S.85A, S.85(9) - The court discussed the relevant statutory provisions and legislative history of S.85 of the Act, focusing on the power of the Taluk Land Board to set aside its own orders and the period of limitation for initiating proceedings. The court interpreted the amendments made by Kerala Act 13 of 1978 and the transitory provisions in S.4 of the Amending Act, emphasizing the intention of the Legislature to prevent persons from holding land in excess of the ceiling. The court held that the transitory provisions allowed the Taluk Land Board to set aside orders even after the expiry of the prescribed period of limitation, within a specified time frame. The court concluded that the Taluk Land Board had jurisdiction to initiate proceedings for setting aside the orders passed under S.85(5) of the Act, and allowed the appeal, setting aside the judgment of the single judge.
Fact of the Case:
The Taluk Land Board made an order under S.85(5) of the Kerala Land Reforms Act, 1963, and initiated proceedings under S.85A to set aside the order. The respondent challenged the proceedings, contending that the Taluk Land Board had no jurisdiction to initiate proceedings under S.85(9) of the Act. The single judge accepted the respondent's contention, holding that the proceedings were initiated after the expiry of the prescribed period of limitation.
Finding of the Court:
The court found that the transitory provisions in S.4 of the Amending Act allowed the Taluk Land Board to set aside orders even after the expiry of the prescribed period of limitation, within a specified time frame. The court concluded that the Taluk Land Board had jurisdiction to initiate proceedings for setting aside the orders passed under S.85(5) of the Act.
Issues: The principal issue was whether the Taluk Land Board had jurisdiction to initiate proceedings under S.85(9) of the Act after the expiry of the prescribed period of limitation.
Ratio Decidendi: The court held that the transitory provisions in S.4 of the Amending Act allowed the Taluk Land Board to set aside orders even after the expiry of the prescribed period of limitation, within a specified time frame, to prevent persons from holding land in excess of the ceiling.
Final Decision: The appeal was allowed, the judgment of the single judge was set aside, and the original petition was dismissed. No costs were awarded.
1. This appeal is against the judgment of the learned single judge in O. P. No. 3188 of 1978. The relevant facts necessary fora disposal of this appeal may briefly be stated as follows: The Taluk Land Board, Chittur, made an order under S.85 (5) of the Kerala Land Reforms Act, 1963 (Act I of 1964) (hereinafter referred to as the Act) on the 22nd April, 1975 as per Ext. P1. On the 29th April, 1978 proceedings were initiated under S.85A of the Act by the Taluk Land Board and notice was issued as per Ext. P2 calling upon the respondent to show cause why the order made as per Ext. P1 should not be set aside and an appropriate order made. The respondent filed his objections on the 11th May, 1978 and the Taluk Land Board passed an order on 12th May, 1978 as per Ext. P4 under S.85(9) of the Act. By the said order, objections of the respondent to the maintainability of the proceedings were overruled, the order Ext. P1 was set aside and a fresh draft statement was issued. The matter is yet to be heard and finally decided on merits. The respondents challenged Ext. P4 order in O. P. No. 3188 of 1978 and took the stand that the Taluk Land Board had no jurisdiction to initiate proceedings under S.85 (9) of the Act as it has done in this case on the 29th April, 1978. The learned single judge accepted this contention of the respondent. He has held that the order under S.85 (5) having been passed on 22nd April 1975 it was governed by the period of limitation prescribed by S.85 (9) second proviso. The said proviso provides that the Taluk Land Board shall not initiate proceedings under sub-s. (9) of S.85 after the expiry of three years from the date of the order sought to be set aside, which has become final. The learned single judge took the view that the final order having been made under S.85 (5) on 22nd April, 1975 proceedings under S.85(9) could not be initiated after three years from 22-4-75. As admittedly the power of initiation of proceedings was exercised in this case on 29th April, 1978, the learned single judge has held that the Taluk Land Board had no jurisdiction to take action to initiate proceedings on that date. Though the transitory provisions of S.4 of Act 13 of 1978 were pressed into service, the learned single judge took the view that the same cannot have the effect of re-opening the orders which have become final by the operation of the prescribed period of limitation of three years. It is the said order that is challenged in this appeal.
2. The principal contention of the learned counsel appearing for the Taluk Land Board and the State Government is that the Taluk Land Board had jurisdiction on 29-4-1978 to initiate proceedings under sub-s. (9) of S.85 of the Act having regard to the transitory provisions of S.4 of Act 13 of 1978.
3. Before we deal with the principal contention urged in this case it is necessary to advert to the relevant statutory provisions and the legislative history.
4. S.85 of the Act deals with surrender of excess lands. Sub-section (5) of S 85 empowers the Taluk Land Board, among other things, to determine the extent and identity of the land which has been found to be in excess and which is required to be surrendered. Sub-s. (9) of S.85 of the Act, before its amendment on 1-10-1977 by Kerala Act 13 of 1978, read as follows:
"The Taluk Land Board may, if it is satisfied that the extent of lands surrendered by, or assumed from, a person under S.86 is less than the extent of lands which he was liable to surrender under the provisions of this Act or that the lands surrendered by, or assumed from, a person were not lawfully owned or held by him, set aside its order under sub-s. (5) or sub-s. (7), as the case may be, in respect of such lands and shall proceed afresh under that sub-section:
"Provided that the Taluk Land Board shall not set aside any order under this sub-section without giving the persons affected thereby an opportunity of being heard.
Provided further that the Taluk Land Board shall n
