STATE OF KERALA Vs. SIVASANKARAN NAIR

JUDGEMENT

(1.) Respondent herein filed ceiling return admitting possession of 8.95 acres and claiming exemption over 4 acres and 93.5 cents as rubber plantation. After necessary enquiry, the Land Board passed an order accepting the contention that there was no area to be surrendered and dropping further proceedings. Pursuant to notice dated 8.5.1992, the order was sought to be reopened under S.85(9A) of the KLR Act. The matter was pursued further and after necessary enquiries through authorised officers, the matter was again dropped as per the impugned order dated 25.8.1992. The State has come up in revision asserting that the order is passed without supporting materials and that the Land Board erred in proceeding on the basis of inconsistent reports of authorised officers.

(2.) According to the learned counsel for the respondent, the reopening of the case itself was illegal and beyond the time allowed. According to him, after 9.5.1992 there was no justification at all for the Land Board to reopen the case and as such the impugned order does not warrant any modification.

(3.) The question whether the reopening can be made after three years from the date of commencement of the amendment incorporating S.85(9A) of the KLR Act on 30.5.1989 was considered by this Court in O. P. No. 9587 of 1993 in the light of the earlier decisions in W.A. Nos. 1629/1992 and 319/1993.