STATE OF KERALA Vs. KHALID

JUDGEMENT

(1.) This C.R.P. arises out of an order passed by the Taluk Land Board, Thalassery in S. M. No. 944/1981 TLY dated. 17.12.1991. The order of the Taluk Land Board reopening the above ceiling case under S.85(9A) of the Kerala Land Reforms Act (for short, the Act) is challenged by the State. The learned Single Judge before whom the matter had come up doubted the correctness of the decisions of the learned Single Judge in Chenaji v. Taluk Land Board ( 1991 (1) KLT 770 ) and Antony v. Taluk Land Board ( 1992 (1) KLT 415 ) wherein it was held that the order of the Taluk Land Board cannot be reviewed under S.85(9A) at the instance of the declarant, but can be reviewed only on its own motion. As the learned Single Judge, before whom this C.R.P. had come up, doubted the correctness of the above decisions, the matter has come up before this Division Bench.

(2.) The question for consideration is whether a declarant is entitled to invoke the power of review vested in the Taluk Land Board under S.85(9A) of the Act.

(3.) The facts of the case are the following: