JUDGMENT (TARUN CHATTERJEE, J.)

1. The present appeal is filed at the instance of the State of Kerala & Another against the impugned judgment dated 1st of June, 2001 passed by the High Court of Kerala at Ernakulam in C.R.P. No. 1365 of 1992 whereby the High Court had allowed a Revision Petition filed by the respondents and set aside the order of the Taluk Land Board (hereinafter referred to as the `Board) and directing that the Board may proceed afresh under sub- section (9) of Section 85 of the Kerala Land Reforms Act, 1963 (in short `the Act).

2. The brief facts leading to the filing of this appeal may be narrated as under : The Respondents had filed a statement under Section 85(A) of the Act relating to lands held by their family. According to the verification report, the family of the respondent consisted of five members including the respondent, his wife and three minor children. According to the said verification report the total extent of land held by the family was equivalent to 25.40 standard acres. Out of this 0.85 acre of land was eligible for exemption under Section 81 of the Act. After allowing the family of the respondent to retain standard acres equivalent to 18.72 acres, it was provisionally concluded that the family held 36.88 acres of land in excess of the ceiling limit.

3. Accordingly, a draft statement with a notice under Rule 12(i) of the Kerala Land Reform (Ceiling) Rules was issued to the respondents to file objections, if any, against the draft statement and also to appear for hearing before the Board. Accordingly, the objection statement was filed by the respondents and the same was verified through the Authorised Officer.

4. The Board at its sitting on 13th of June,1985 held that the respondents were in possession of 10.63 standard acres, out of which 0.85 acres had fallen under the exempted category. The net extent accountable was 18.47 acres. The respondents family was entitled to retain 11 standard acres. The respondents were thus not liable to surrender any land.

5. Against the above judgment of the Board, the appellants had preferred a Revision along with an application for condonation of delay. However the High Court dismissed the application for condonation of delay and accordingly the Revision was also dismissed as belated. It is evident from the order of the High Court passed in the aforesaid Revision Case that the High Court had not at all dealt with the merits of the Revision Case as the Revision case was rejected only on the ground that the delay could not be condoned.

6. However on scrutiny of the order of the Board by the State Land Board, it was found that the respondents were entitled to retain only 10 standard acres of land as against 11 standard acres worked out by the Board. In view of this, the State Land Board directed the Board to re-open the case.

7. Accordingly, the case was reopened and notice was issued to the respondents stating that as per the enquiry report dated 7th of January,1976, the family of the respondent consisted of only 5 members as on 1st of January,1970, and that the family was holding 11 standard acres instead of the prescribed limit of 10 standard acres for a family consisting of 5 members. The respondents were called upon to file their objections, if any, by 10th of June,1992.

8. The respondents filed their objection, the main objection of the respondent was that in the draft statement issued by the Board, it was shown that the family consisted of 6 members as on 1st of January,1970 and that his family was entitled to hold 11 standard acres. It was also objected that since the order of the Board had become final, the cause of rejection of earlier Revision Case by the High Court on the ground of delay, the matter was not liable to be reopened.

9. The Board by its order dated 10th of June,1992 decided to reopen the case under Section 85(9) of the Act as amended by Act 16 of 1989 and to proceed afresh after issuing a revised draft statement. Being dissatisfied