IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 OP.No. 19170 of 1999(F) ----------------------- PETITIONER(S): --------------- VINAYAKA DAS, PODIKULANGARA HOUSE, MATHUR, ALATHUR TALUK, PALAKKAD. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) RESPONDENT(S): --------------- 1. TALUK LAND BOARD, ALATHUR. 2. TAHSILDAR, ALATHUR. 3. VILLAGE OFFICER, MATHUR VILLAGE. 4. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. GOVERNMENT PLEADER SHRI.M.R.SABU FOR R1-R4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.19170/99. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE FINAL ORDER IN CRP.NO.533/84. P2. COPY OF THE ORDER OF R1. P3. COPY OF THE NOTICE IN SM NO.30/80 OF R1. P4. COPY OF THE ORDER OF R1 PUBLISHED IN KERALA GAZETTE DTD.6.9.97. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.19170 of 1999 ================== Dated this the 24th day of September, 2008 J U D G M E N T The petitioner is a son of a declarant under the ceiling provisions of the Land Reforms Act, which declarant is no more. Earlier, the Taluk Land Board, in Ceiling Case No.S.M. 30/80 passed an order directing the original declarant to surrender an extent of 3.9½ acres of land. The same was challenged before this Court in C.R.P.No.533/84, which was originally dismissed, but, later reviewed and disposed of afresh directing the Taluk Land Board to consider the purchase certificates obtained by the tenants under the declarant and to consider whether the property covered by such purchase certificates could be excluded for the purpose of deciding the total extent of land in possession of the declarant. Pending proceedings before this Court, the declarant died and the petitioner and other legal heirs of the declarant prosecuted the matter further. Ultimately the Taluk Land Board reconsidered the case as directed by this Court and passed Ext.P2 order, whereby it was held that the declarant is not liable to surrender any excess land. That was on 26.11.1998. Thereafter, o.p.19170/99 2 by Ext.P3 order dated nil, the petitioner was asked to appear before the Taluk Land Board on 29.7.1999 for considering the SM case afresh since the Taluk Land Board who passed the order dated 26.11.98 was not properly constituted on account of their term having expired prior to that date. The petitioner is challenging that notice. 2. A counter affidavit has been filed supporting Ext.P3 order. 3. I have considered the rival contentions in detail. 4. The only question to be decided is as to whether an order passed by a Taluk Land Board, whose term had already expired, is liable to be reviewed subsequently on that ground. A learned Judge of this Court, in the decision of Mylan v. Taluk Land Board [2007 (4) KHC 423], has held that an order passed by the Taluk Land Board, whose period has expired, is perfectly legal and valid. It was further held that the jurisdiction of the Taluk Land Board to reopen or review or reconsider a matter which has already been decided, lies in specific limited spheres. There is no inherent power vested in the Taluk Land Board to re- open a case or to re-hear a case or to review a case and that the o.p.19170/99 3 Taluk Land Board has no jurisdiction to review its own decision. I am inclined to agree with the above said decision. Therefore, following that decision, I hold that Ext.P2 order passed by the Taluk Land Board is perfectly legal and valid. That being so, the Taluk Land Board could not have issued Ext.P3. In any event, the Taluk Land Board does not have jurisdiction to issue Ext.P3 under any provisions of the Kerala Land Reforms Act. In the above circumstances, this original petition is allowed and Ext.P3 is quashed declaring that the parties would be governed by Ext.P2 order. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.19170/99 4 S.SIRI JAGAN, J. ================ O.P.No.19170 of 1999-F ================ J U D G M E N T 24th September, 2008 o.p.19170/99 5