The court held that institutions capable of holding property are classified as 'persons' under the Kerala Land Reforms Act, obligating them to file statements regarding land, including exempted land.

JUDGMENT

The petitioners have approached this court seeking to quash Exts.P4 and P5 whereby a notice in a proceeding under Section 85 of the Kerala Land Reforms Act 1963 (hereinafter referred to as ‘Act 1963’)was issued to the petitioner.

2. It is averred in the writ petition as follows: The 1st petitioner is a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Act, 1955. Ext.P1 is the certificate of registration whereas Ext.P2 is the Memorandum of Association. The 1st petitioner congregation owns a large extent of property. Government by Ext.P3 notification exempted an extent of 17.03.875 acres of land under Section 81 (3) of the Act 1963. While so, the petitioners were served with Ext.P4 notice in a proceeding under Section 85 of the Act 1963 along with a draft statement intimating that the Taluk Land Board, Meenachil has provisionally assessed 39.6587 acres as excess land liable for surrender and by Ext.P5, the petitioners were issued with a notice of hearing on the basis of Ext.P4 draft statement. It is in the said circumstance that the petitioners have approached this court.

3. It is the contention of the petitioners that Chapter III of the Act 1963 deals with ceiling provisions and as per the Act, the liability to surrender excess land is cast on a “person” and that Section 98A of the Act 1963 exempts an institution of a public nature for religious and charitable purposes established and maintained by a religious denomination or any Section thereof from the definition of “person” for the application of Chapter III of the Act 1963. In the said circumstance it is contended that the issuance of Ext P4 and P5 are not in accordance with the law and liable to be interfered with. The petitioners rely on the judgment in Sister Anchela v. State of Kerala, 1979 KLT 313 (DB), Fr. K. Aaron v. Taluk Land Board, 1981 KLT 2021 and the judgment in WPC No. 9968 of 2010 in support of their contention. Learned counsel for the petitioners would submit that in the decisions cited supra this court has interfered in similar circumstances and quashed the proceedings initiated by the Taluk Land Board which overlooked the exemption granted as per of the Act 1963.

4. Learned Government Pleader contended that any person who is holding land in excess of the ceiling area is bound to file a ceiling statement under Section 85 (2) of the Act 1963 before the Taluk Land Board and only for the reason that an institution is excluded under Section 98A of the Act 1963, will not by itself exempt them from filing a statement and therefore Ext P4 notice directing them to participate in the enquiry for determination of the extent and identity of the land to be surrendered is in accordance with law and not liable to be interfered with. Learned Government Pleader also relies on A of the Act 1963 and submits that the said Section starts with a non-obstante clause and going by the said provision, every person has to file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all lands (including lands exempted under Section 81 ) owned or held by such family or person and no one can claim exemption from the compulsory statutory obligation under the cover of of the Act 1963 and because of the non-obstante clause, the said provision has an overriding effect over all the other provisions contained in Chapter III of the Act 1963 including .

5. I have heard the learned counsel appearing for the petitioners and the learned government pleader.

6. The 1st petitioner claims to be a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Act for which Ext.P1 certificate of registration has been issued. By Ext.P3, the Government has issued a notification under Section 81 (3) exempting 17.03.875 acres of land from the provisions of the Act 1963 on a specific condition that the said exemption shall cease to be in force if the said lan