GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) IN this Original Petition, Petitioner challenges Ext. P4 proceedings of Taluk Land Board, Quilandy.

(2.) AS per the proceedings of the Taluk Land Board evidenced by Ext. P1 dated 18-12-1980; petitioner was directed to surrender 27. 78 acres of land. Pursuant to this, petitioner surrendered the said exlent of land. More than 10 years after Ext. P1 order was passed, notice Ext. P2 was issued purporting to be under S. 85 (9a) of Kerala Land Reforms Act stating that the ceiling case was disposed of by proceedings dated 18-12-80, but on a further verification, it was seen that the decision taken by the Taluk Land board was without proper verification of land and documentary evidence. It is further stated that an extent of 1. 50 acres in R. S. 2/3 and 2/5 of Keezhariyur village was seen exempted under S. 87 of Land Reforms Act being the water channel, and that there is no provision in the Act to exempt the water channel and therefore the Taluk Land Board purpose to issue show cause notice to re-open the case under S. 85 (9a) of K. L. R. Act as amended By Act 16/89. Pursuant to this, petitioner filed Ext. P3 objection, stating that channels will not come within the definition of land, that the present order was passed after 17 years and that there is no ground to review the order. However, the Taluk Land Board passed an order holding that 1. 50 acres in R. S. 2/3 and 2/5 was exempted as water channel, though there was no provision to exempt such a water channel in the KL. R. Act. The only ground stated in Ext. P4 order to invoke the jurisdiction under S. 85 (9a) is that water channel is not an item liable to be exempted under the K. L. R. Act.