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2001 Supreme(Ker) 248

J.B.KOSHY
Mary Michael – Appellant
Versus
Taluk Land Board – Respondent


Judgment :-

J.B. Koshy, J.

This Original Petition is filed challenging Ext. P2 notice and subsequent proceedings taken for reopening the Land Ceiling Case, The Taluk Land Board, Hosdurg in its proceedings TLB 1865/73/Hosd. dated 25.5.1976 directed the petitioner's husband to surrender 1.75 acres of surplus land to the Government under the ceiling provisions of the Kerala Land Reforms Act. The aforesaid land was taken possession of by the third respondent, The above decision was taken by the Taluk Land Board excluding an extent of 3 acres of land disposed of by the statement given under Document No. 173 of 1969. That was challenged in CRP No. 1234/1975. When it was remanded, fresh order was passed by the Taluk Land Board holding that petitioner is not liable to surrender any land, Ext. P1 is the order passed by the Taluk Land Board. The above order dated 31.10.1978 became final. Thereafter the original declarant died and the properties were transferred. The petitioner received Ext. P2 notice reopening the proceedings. S.85(9A) provides as follows:

"85(9A). Power of Taluk Land Board to review its decision:- Notwithstanding anything contained in this Actor in the Limitation Act, 1963 (C




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