STATE OF KERALA Vs. ABDUL KHADER RAWTHER

JUDGEMENT

(1.) Revision is directed against the order dated 20-3-2001 passed by the Taluk Land Board, Hosdurg reviewing its previous orders in a ceiling proceeding, in exercise of its powers under section 85(9A) of the Kerala Land Reforms Act, for short the Act. State has preferred this revision. Taluk Land Board, hereinafter referred to as the Board, under the impugned order reviewed its earlier order passed in the ceiling proceedings against one Abdul Khader, declarant, by which he was directed to surrender the excess area determined in such proceedings. Reviewing the previous order, the Board under the impugned order has excluded 26.50 acres of land from the account of the declarant holding such lands continued under the possession of tenants and they have obtained purchase certificates over such lands. Persons in whose favour such exemption has been granted by the Board are none other than the children of declarant and exercise of review power under section 85(9A) of the Act to exclude the land from the account of declarant is patently erroneous and unsustainable and without jurisdiction, is the case of the State to assail such order in the revision.

(2.) Notice given respondents 2 to 8 have entered appearance.

(3.) I heard the Special Government Pleader and also the counsel for respondents.