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2006 Supreme(Ker) 598

KURIAN JOSEPH, K.BALAKRISHNAN NAIR, V.K.BALI
K. V. Balan – Appellant
Versus
The State of Kerala, Represented by the Chief Secretary to the Government – Respondent


Judgment :-

Kurian Joseph, J.

Whether it is necessary to pass final orders in the matter of reopening of a case under Section 85(9A) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as ‘the Act’) in exercise of the power conferred on the Taluk Land Board under Section 85(9A), within a period of three years is the issue to be considered in this case.

2. Kerala Land Reforms Act, 1963 is the pioneer legislation in the country which introduced two revolutionary concepts, one on the ceiling on holdings by the landlord and the other on the right of the cultivating tenant. The predecessor piece of legislation the Kerala Agrarian Relations Act, 1960 and the present Act have been subject matter of several litigations before various courts leading to celebrated decisions on many constitutional aspects. Kesavananda v. State of Kerala (AIR 1973 S.C. 1461) is one such decision. Whether the legislation fully achieved the laudable objects is a matter of history. But the iron-will of the legislature in implementing the law in letter and spirit is seen reflected in various amendments to the parent Act. Section 85(9) of the Act is one such provision introduced in the year 1971, permitting
















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