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1980 Supreme(Ker) 284

P.SUBRAMONIAN POTI, V.KHALID
SAHADEVAN – Appellant
Versus
TALUK LAND BOARD – Respondent


Judgment :-

1. In these petitions the challenges by the petitioners are to the proceedings taken by the various Taluk Land Boards against persons who had been found by prior orders of the Taluk Land Board to have excess lands which they were liable to surrender or who by prior orders have been found to have no excess land. In such cases invoking the provision in S.85(9) of the Kerala Land Reforms Act (in short the Act) the respective Taluk Land Boards have initiated proceedings against the petitioners for setting aside the prior orders passed under S.85(5) or 85(7) of the Act so as to make fresh orders determining the extent and identity of the land to be surrendered. The petitioners in these cases challenge such action of the Taluk Land Boards on the ground that S.85(9) cannot be invoked in such circumstances. The grounds of challenge urged may be stated thus:

1. For invoking S.85(9) of the Act there should be some material other than what was already on record at the time the prior order under S.85(5) or 85(7) of the Act was passed. Without any such fresh material the Boards cannot initiate action under S.85(9) of the Act. In other words, merely because on the material that was be













































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