KURIAN JOSEPH
Abraham G. Pallivathukkal – Appellant
Versus
State of Kerala, Rep. by the Chief Secretary – Respondent
Whether an order under section 85(9A) of the Kerala Land Reforms Act, 1963 is liable to be reopened under Section 85(9) is the question to be decided in this case. Ext.P2 notice issued by the 2nd respondent Taluk Land Board is under challenge. As per the said notice dated 27.5.1999 the ceiling case No.C.R.784/73 on the files of the Taluk Land Board, Ernad, transferred to Taluk Land Board, Nilambur and renumbered as S.R.115/97 was sought to be reopened by invoking the power under Section 85 (9A) of the Kerala Land Reforms Act, 1963. One main ground taken in the writ petition is that of Limitation. Proviso to section 85(9A) clearly provides for a period of three years from the date of introduction of the amendment for such reopening and it is now settled law that beyond the period of three years there cannot be reopening under Section 85(9A). Two decisions of this court on the point are (1) Mary Michael v. Taluk Land Board (2001 (2) KLT 603) and (2) State of Kerala v. Sivasankaran Nair (2001 (3) KLT 408). Apparently, faced with such a situation, the stand taken in the counter affidavit is that the reopening is under Section 85(9) where the limitation is seven years. Then
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