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4. Annexure I submitted along with the report is another detailed report submitted by the Land Special Officer of the Board, who was also DBP NO.21/2009 & CRP Nos.256 & 257/2011 directed by the learned Ombudsman to look into the complaint. The detailed report submitted by him refers to the entire history of the Temple and the alleged illegalities in issuing the purchase certificate. One of the points mentioned in the report is that the land is exempted under Section 3 (1)(x) of the Kerala Land Reforms Act (for short 'the Act'), being premises of the Temple and thus the Land Tribunal has no jurisdiction to issue the purchase certificate. It is also reported that a suo motu proceedings as S.M.P.No.84/1977 was got booked by the Land Tribunal, based on a report by the Special Village Officer. It was finalised within a short span and that the Land Tribunal had ordered the assignment illegally and the tenancy claimed is a false one. Shri Narayanan Nair had filed an earlier O.A. No.234/1970 seeking assignment of the landlord's right in respect of the very same property, which was not seen granted. Learned Ombudsman therefore recommended for settlement of the matter by this Court, since various issues arise for consideration.

339) by K.S. Paripoornan, J. (as he then was), which dealt with the suo motu proceedings under Section 72-C of the Act itself. The view taken therein is that in suo motu proceedings, assignment can be declined for want of proof. It was held in para 2 as follows:

"Under S.72-C of the Act, even in a case where the cultivating tenant has not made an application, it is open to the Land Tribunal to assign the right, title and interest of the land owner and intermediaries to the cultivating tenant. It can be so done only if the cultivating tenant is entitled thereto. Rules 138 to 141 of the Kerala Land Reforms (Tenancy) Rules provide for particulars to be furnished, manner of obtaining information, verification of the information and the procedure to be followed by the authorised officer. Detailed enquiry is contemplated. R.5 of the Kerala Land DBP NO.21/2009 & CRP Nos.256 & 257/2011 Reforms (Vesting and Assignment) Rules, 1970 permits the Land Tribunal to initiate suo motu proceedings and assign the right, title and interest, which have vested in the Government under S.72 of the Act. But such assignment can be only to cultivating tenants "entitled thereto". S.72-C of the Act, read along with R.5 of the Kerala Land Reforms (Vesting and Assignment) Rules, 1970 and also Rules 138 to 141 of the Kerala Land Reforms (Tenancy) Rules make it abundantly clear that only in cases where the tenant is entitled to the assignment, the authority can pass appropriate orders."