P K SALIM Vs. TALUK LAND BOARD,MANANTHAVADY

JUDGEMENT

(1.) The petitioners are the children of the declarant, late A.K. Kunhalikutty Haji, in a ceiling proceedings under the Kerala Land Reforms Act, 1963 (for short, the 'Act') . They impugn an order passed under Section 85(9) of the Act by the Taluk Land Board, Mananthavady. By the impugned order, the Taluk Land Board decided to set aside an order passed under Section 85(5) and ordered to proceed afresh to determine the land to be surrendered by the declarant.

(2.) The total extent of the land shown in the return filed by the declarant was 2247.03.500 acres spread in different Taluks. In the draft statement accepted by the Taluk Land Board, the total land held by the declarant was determined at 780.84.500 acres. The land measuring 1466.19.000 acres in the verification statement shown was held by different tenants. The Taluk Land Board concluded the ceiling proceedings based on the draft statement as per the proceedings dated 01.06.2001 and the declarant was directed to surrender 29.24 1/2 acres.

(3.) A notice was served on the declarant as per Ext.P6 to reopen the proceedings under Section 85(9) of the Act. The specific grounds noticed in Ext.P6 are as follows: