SUBRAMANIA MUDALIAR Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The declarant in a ceiling case is the petitioner. The Taluk Land Board, Chittoor (for short 'TLB' hereinafter) has determined the extent of land held by the declarant as on the specified date and found that he should surrender an area of 2.93 acres as excess land. This was as per order dated 27-12-1976. Pursuant to the said order the declarant, it is said, has surrendered that area. Subsequently the TLB has reopened it under S.85(9) of the Kerala Land Reforms Act, 1963 (for short 'the Act') and decided to issue notice to the declarant on 25-8-1978. Following the procedures prescribed in S.85(9) of the Act, the TLB has prepared a draft statement on 29-11-1980. Subsequently it determined that the declarant shall surrender an additional extent of 1 acre, as excess land.

(2.) Mr. Sugunapalan, learned counsel for the petitioner, has contended that the action of the TLB taken under S.85(9) of the Act is not within the time allowed by law.

(3.) S.85(9) provides that "the Taluk Land Board may. at any time, set aside its order under sub-s.(5) or sub-s.(7), as the case may be. and proceed afresh under that sub-section" if it is satisfied of one of the three conditions enumerated thereunder. The second proviso to the said sub-section reads thus: