The main legal point established is that the review power under S.85(9A) of the Kerala Land Reforms Act can only be exercised by the Taluk Land Board and not by the declarant or any aggrieved person.

M. M. Pareed Pillai, J.

1. Petitioners 1 and 2 filed application under S.85(8) of the Kerala Land Reforms Act claiming right over 9 cents and 14 cents respectively. Petitioners 3 to 6 are the legal representatives of the declarant Viswanathan Gurukkal. Viswanathan Gurukkal was directed to surrender 13 acres of land by the Taluk Land Board as per Order dated 18-4-1984. One of the legal representatives of Viswanathan Gurukkal filed C.R.P. 1480 of 1984. This Court reduced the extent of land to be surrendered to 12 acres 75 cents. When petitioners 1 and 2 filed applications under S.85(8) legal representatives of Viswanathan Gurukkal filed application stating that there occurred various mistakes in calculating the extent of properties and granting of exemptions and so the matter requires reconsideration. The Taluk Land Board rejected the claim of petitioners 1 and 2 under S.85(8) and also the claim of petitioners 3 to 6 to reopen the matter.

2. Counsel for the petitioners submitted that when the Taluk Land Board considered the matter earlier there was no serious attempt to adduce proper evidence in the case, that there are kudiyiruppus and public roads which were omitted to be mentioned in the earlier proceedings and as there was no proper enquiry conducted by the Taluk Land Board by making actual physical verifications through authorised officer before the claims were rejected a rehearing of the matter is really warranted. Counsel contended that S.85(9A) of the Kerala Land Reforms Act can be invoked by the petitioners to review the order of the Taluk Land Board. Government Pleader submitted that S.85(9A) cannot be invoked by a private party as the power is solely vested with the Taluk Land Board.

3. The cardinal question that arises for consideration is whether the order of the Taluk Land Board which has become final in view of the decision in C.R.P. 1480 of 1984 can be reopened at the instance of petitioners 3 to 6 by invoking S.85(9A) of the Act. S.(9A) was introduced by Kerala Land Reforms (Amendment) Act 1989 (Act 16 of 1989). Under sub section (9A) the Taluk Land Board is empowered to review its decision if it is satisfied that the decision under sub-s.(5) or sub-s.(7) or sub-s.(9) requires to be reviewed on the following grounds:

(1) that such decision has been made due to the failure to produce relevant data or other particulars relating to ownership or possession of properties before it;

(2) or if the order was passed as a result of collusion or fraud or by any suppression of material facts.

In the above circumstances the Taluk Land Board may review its decision, of course after giving opportunity to the parties of being heard in the matter. The proviso makes it clear that the Taluk Land Board shall not re-open any such case after the expiry of three years from the date of coming into force of the Amendment Act, 1989.

4. Learned counsel for the revision petitioners contended that sub-s.(9A) enables not only the Taluk Land Board but any party before the Taluk Land Board to seek review of its order as it is apparent from sub-s.(9A) that it can be invoked whenever there occurred failure of production of relevant data or other particulars relating to ownership or possession of properties before the Taluk Land Board or if the order was passed as a result of collusion or fraud or due to any suppression of material facts. Counsel submitted that whenever there exists the aforesaid circumstances it is open to the declarant or any aggrieved person to invoke sub section (9A) as it would enable them to produce relevant data or other particulars relating to the ownership or possession of the land before the Taluk Land Board. The argument is that if a person is denied of such an opportunity sub-s.(9A) may become otiose as it may not be possible for the Taluk Land Board to find out any suppression of facts or collusion or fraud and therefore it is apparent that sub section(9A) can always be invoked by the declarant or any aggrieved person.