Judgment

Quadri, J.-This appeal by the State of Kerala and others, is against the judgment and order of the High Court of Kerala in CRP No. 1158 of 1985 dated September 25, 1987. The short question that is posed here is whether Explanation I to sub-section (1) of Sectio 87 applies when land under Section 81(1)(k) of the Kerala Land Reforms Act ceases to be exempted.

2. This question arises in the following factual backdrop:

The respondent is a partner of a firm, an industrial undertaking. He claimed exemption of the land in question under Section 81(1)(k) of the Kerala Land Reforms Act (for short ‘the Act’(. The Taluk Land Board, Kodungallur, in proceeding under Section 85 of the Act opined that he was not entitled to the exemption as the land was not actually put to industrial use and directed him to surrender the excess land measuring 3.22.250 acres. The respondent carried the matter in revi­sion before the High Court. Observing that there was nothing on record to show that the District Collector had issued any notice under proviso to Section 81(1)(k), the High Court held that the respondent was entitled tto avail the exemption. Thereafter the Collector issued notice under the provi