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1989 DIGILAW 2 (KER)

MOTHER SUPERIOR v. TALUK LAND BOARD

1989-01-03

BALAKRISHNAN

body1989
Judgment :- 1. The Taluk Land Board, Sherthallai, initiated steps against St. Joseph's Retreat House, Pattanakkad to surrender excess land. The Board by its order dated 27-9-1977 directed the declarant to surrender 6.49 acres of land comprised in Sy. No. 341/1-1 of Aroor village, Sherthallai Taluk. Aggrieved by the order of the Taluk Land Board, the declarant filed revision petition before this Court as CRP. 922 of 1987-E. This Court set aside the order and directed the Taluk Land Board to consider the matter afresh, 2. The declarant-petitioner contended that by virtue of the provisions of S.98A and 81(1)(t)(ii) of the Kerala Land Reforms Act, the declarant is not liable to file any declaration and surrender any excess land. It was contended that St. Joseph's Retreat House is a religious, charitable and educational institution of a public nature. The Taluk Land Board considered this question and decided that the petitioner is not a charitable institution of public nature and hence not entitled to claim exemption under S.81(1) (t) (ii) of the Act. This order is being challenged by the petitioner. 3. S.98A of the Act says that a co-operative society or an institution of a public nature for religious and charitable purposes established and maintained by a religious denomination or any section thereof or the Board Trustees for the Improvement of the City of Trivandrum constituted under S.3 of the Trivandrum City Improvement Trust Act, 1960 will not come within the definition of "person" for the purpose of Chapter III of the Act. The explanation to S.98A reads as follows: "If any question arises as to whether an institution is an institution of public nature for religious and charitable purposes maintained by a religious denomination or any section thereof the question shall be decided by the Government and such decision shall be final". In the present case the question has arisen as to whether the petitioner is an institution of public nature for religious and charitable purposes. The Taluk Land Board has decided the question. The impugned order shows that the petitioner was asked to produce a certificate from the Government to show that the institution is of a public nature for religious and charitable purposes. The petitioner produced some documents to prove the nature and character of the institution. The explanation to S.98A says that whenever a dispute of that nature arises, it shall be decided by the Government. The petitioner produced some documents to prove the nature and character of the institution. The explanation to S.98A says that whenever a dispute of that nature arises, it shall be decided by the Government. When such a dispute arose the Taluk Land Board should have referred the matter to the Government. It should have left the question to be decided by the Government. Form a plain reading of the explanation to S.98A it appears that the Taluk Land Board has no power to decide that issue when a question of that nature has arisen in the proceedings. 4. In view of the explanation to S.98A the decision of the Taluk Land Board without referring the matter to the Government is incorrect and is liable to be set aside. The impugned order is set aside and the Taluk Land Board is directed to refer the matter to the Government to decide whether St. Joseph's Retreat House, Pattanakkad, Sherthallai is an institution of a public nature for religious and charitable purposes maintained by a religious denomination or any section thereof. After the decision by the Government, the Taluk Land Board will dispose of the case in accordance with law. The C.R.P. is disposed of as above. No costs.