Summary
The Supreme Court set aside directions by the Kerala Upa Lokayukta to correct land records and receive tax. Under Section 12(1), the jurisdiction was recommendatory; the Lokayukta was not an appellate or supervisory authority over statutory revenue forums. The complainant was left free to pursue the remedies under the relevant statute.
Issues
- Whether the Upa Lokayukta could issue binding directions to rectify revenue records instead of making statutory recommendations.
Provisions considered
- Section 12(1), Kerala Lok Ayukta Act, 1999The provision authorises a written report recommending redress to the competent authority, not positive adjudicatory directions overriding the revenue-law remedial structure. (¶¶ 7, 9–11)
Held
- Lokayukta and Upa Lokayukta have recommendatory jurisdiction under Section 12(1); they are not appellate or supervisory bodies over competent authorities constituted by other statutes. Their jurisdiction does not displace the appeals, revisions and other remedies prescribed by those enactments. (¶¶ 7, 9–11)
- The summary direction to correct the land’s extent and title entries and collect tax exceeded that jurisdiction. No appropriate challenge to the earlier rejection of rectification, or other statutory remedy, was shown. The High Court erred in sustaining the direction. (¶¶ 8, 11–13)
Result
Appeal allowed. High Court and Upa Lokayukta orders set aside; the complainant may pursue an appropriate statutory remedy for correction of revenue records. No costs.