MATHAI POULOSE Vs. LAND BOARD KOTHAMANGALAM

JUDGEMENT

(1.) We are in complete agreement with the view expressed by the learned single Judge that for the purposes of second proviso to S.85(9) of the Kerala Land Reforms Act proceedings under the said sub-section must be taken to be initiated by the issuance of a notice to the persons likely to be affected by the proposed action as is required under the first proviso to the said sub-section and that if such a notice is issued by the Taluk Land Board within the period of 3 years specified in second proviso, the Land Board will have jurisdiction to proceed with further action under the said sub-section on the basis of the said notice. It is not necessary under the second proviso that the Taluk Land Board should set aside its earlier order. in exercise of the power conferred under sub-s.(9) within the time limit of three years. The proviso applies only to the initiation of the proceeding and not to its completion. The writ appeal is therefore devoid of merits and is hereby dismissed.