(1.) The properties in question belonged to one Manappadi Krishnan. He died without filing statement under S.85(2) or S.85A of the Kerala Land Reforms Act. This was the state of affairs when the Taluk Land Board, Tellicherry by its proceedings No. S.M. 325/76 (Tly.) dated 7-7-78 declared that the legal representatives of Krishnan are liable to surrender excess land, measuring 12.88 acres. The widow of Krishnan challenged the sad order before this court by filling CRP No. 2386 of 1978. This court after considering the various aspects of the case, has passed the following order:
(2.) In the year 1981 the Government promulgated the Kerala Land Reforms (Amendment) Ordinance, 1981, Ordinance 5 of 1981 dated 22nd June 1981. This Ordinance was later replaced by the Kerala Land Reforms (Amendment) Act, 1981, Act 19 of 1981 (for short the Amendment Act). By the Amendment Act a new sub-section was introduced as sub-section (6A) to S.85. The Amendment Act contains S.7, introduced with a view to validate certain proceedings. The statement of objects and reasons disclose the object that is sought to be achieved by the introduction of the above sections. Relevant portions therefrom are extracted hereunder:
(3.) It can thus be seen that the object with which S.85(6A) was introduced, was to restore to file the proceedings which stood abated on the death of the declarant who had initiated proceedings or against whom proceedings had been initiated in respect of the excess land liable to be surrendered under the Kerala Land Reforms Act and also to continue those proceedings impleading the legal representatives in case the deceased declarant is an unmarried person or the sole surviving member of the family. Regarding the transitory provision under S.7, it enabled the Land Board or the Taluk Land Board as the case may be to reopen all ceiling cases where the proceedings for determination of the excess land has been dropped for the reason that the declarant had died before such determination and to continue such proceedings against the legal representatives.