1. Revision is directed against the order dated 20.3.2001 passed by the Taluk Land Board, Hosdurg reviewing its previous orders in a ceiling proceeding, in exercise of its powers under section 85(9A) of the Kerala Land Reforms Act, for short the Act. State has preferred this revision.

2. Taluk Land Board, hereinafter referred to as the Board, under the impugned order reviewed its earlier order passed in the ceiling proceedings against one Abdul Khader, declarant, by which he was directed to surrender the excess area determined in such proceedings. Reviewing the previous order, the Board under the impugned order has excluded 26.50 acres of land from the account of the declarant holding such lands continued under the possession of tenants and they have obtained purchase certificates over such lands. Persons in whose favour such exemption has been granted by the Board are none other than the children of declarant and exercise of review power under section 85(9A) of the Act to exclude the land from the account of declarant is patently erroneous and unsustainable and without jurisdiction, is the case of the State to assail such order in the revision.

3. Notice given respondents 2 to 8 have entered appearance.

4. I heard the Special Government pleader and also the counsel for respondents.

5. Files relating to the ceiling proceedings and also those connected with the order passed in the review called from the Taluk Land Board were also perused. Ceiling proceedings against the declarant culminated in the Order dated 12.2.1976 by the Board directing the declarant to surrender 5.90 acres of land as excess area determining that as on 1.1.1970 he possessed 21.50 acres of land. Excess area determined as above was also taken over possession by the Tahsildar, Hosdurg on 16.3.1976. Much later, after section 85(9A) of the Act was brought into the statute, by amendment, the Board has reopened the ceiling proceedings of the declarant and, then, passed the impugned order. What were the circumstances under which the Board reopened the ceiling proceedings is not disclosed from the file other than that there was an office note by the Tahsildar that grounds for reopening of the case of the declarant under section 85(9A) of Kerala Land Reforms Act are present and as such the Board's order dated 22.2.1976 be reopened. On that office report, it is seen, an order 'reopened' is made by two persons, perhaps members of the Board, with signatures alone and another making an endorsement 'tenant possession shown in the ceiling case records is not supported by satisfactory evidence'.

6. Section 85(9A) of the Act reads thus:

85. Surrender of excess lands--(1) Where a person owns or holds land in excess of the ceiling area on the date notified under section 83, such excess land shall be surrendered as hereinafter provided:

(i) to 9...................

(9A) Power of Taluk Land Board to review its decision--Notwithstanding anything contained in this Act or in the Limitation Act, 1963 (Central Act 36 of 1963), or in any other law for the time being in force, or in any judgment, decree or order of any Court or other authority, the Taluk Land Board may, if it is satisfied that its decision under sub-section(5) or sub- section(7) or sub section (9) requires to be reviewed on the ground that such decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession before it, or by collusion or fraud or any suppression of material facts the Taluk Land Board may review such decision after giving an opportunity to the parties of being heard and pass such orders as it may think fit:

Provided that the Taluk Land Board shall not reopen any such case after the expiry of three years from the date of coming into force of the Kerala Land Reforms (Amendment Act,1989).

No previous Order passed by the Board in a ceiling proceedings can be reopened in exercise of the powers under section 85(9A) of the Act unless th