K.NARAYANA KURUP, T.M.HASSAN PILLAI
Glen Leven Estate – Appellant
Versus
State of Kerala – Respondent
K. Narayana Kurup, J.
1. Appellant is the petitioner in O.P.No. 10162/96. The Original Petitioner had been filed challenging the legality of Exts.P2, P5 and P7 issued by the second respondent Taluk Land Board. Brief facts necessary for the disposal of the Writ Appeal are as follows:
2. The appellant had filed a statement under S.85(A) of the Kerala Land Reforms Act (for short 'the Act') showing the total extend of land held by the appellant before the second respondent Land Board. The second respondent by Ext.P1 order dated 30.11.1981 held that the appellant was not in possession of land exceeding the ceiling limit. Thereafter, the second respondent issued Ext.P3 notice dated 14.11.1984 on the appellant intimating that the case is reopened and the hearing is posted to 21.11.1984 at 2.p.m. The appellant challenged Ext.P3 notice before this Court in C.R.P.No. 103/85 on the ground that Ext.P3 was illegal and void since it had been passed without applying the mandatory requirements under the proviso to S.85(9) of the Act which provides for hearing the affected person before setting aside an order. The said C.R.P. was disposed of as per Ext.P4 order dated 19.6.1986 directing that
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