IMPORTANT POINT
The court upheld the finality of the Land Board's orders, emphasizing that delay in challenging such orders undermines claims of procedural impropriety.

JUDGMENT :

S.Manu, J.

This original petition was filed seeking to quash Exts. P17 and P19 and for consequential reliefs.

2. Ext.P17 is an order dated 29.3.1974 of the Land Board of Kerala in an application filed by the Kannan Devan Hills Produce Company Ltd., Munnar (KDHPC Ltd). The application was filed under Section 4 of the Kannan Devan Hills (Resumption of Lands) Act, 1971 . It was allowed by the Land Board. A list of the areas to be continued under vesting in Government under Section 3(1) of the Act and a list of the areas to be retained with the Kannan Devan Hills Produce Company Ltd. were appended to the order as Annexures 5 and 6. A map of the area was also appended to the order. Ext.P18 petition dated 5.4.2002 was filed before the Land Board by the petitioners herein seeking to recall Ext.P17 order. The Land Board, by Ext.P19 proceedings dated 20.9.2002, rejected Ext.P18 as not maintainable. Thereafter the original petition was filed.

3. Petitioners are members of Poonjar Royal family also known as Poonjar Kovilakom. By Ext.P2, the then Chief of Poonjar Kovilakom leased out a large tract of land mentioned therein to Mr. John Daniel Munroe on 11.7.1877. Ext.P3 is known as the Second Poonjar Concession which was executed between the Poonjar Raja and Mr.John Daniel Munroe on 26.7.1879. Ext.P4 is a ratification issued by the Dewan of Travancore by which the concession agreement dated 11.7.1877 was ratified by the Government of Travancore. Later, successor of John Daniel Munroe namely North Travancore Land Planting and Agricultural Society, a company incorporated in India and the Government of Travancore executed Ext.P5 deed on 2.8.1886 and still later the successor to the said company, Kannan Devan Hills Produce Company Ltd (KDHPC Ltd). executed another agreement with the Government of Travancore on 19.12.1944.

4. The Kerala Government enacted the Kannan Devan Hills (Resumption of Lands) Act in 1971. Preamble of the Act is extracted hereunder:-

“Preamble. - WHEREAS the lands comprising the entire revenue village of Kannan Devan Hills in the Devicolam taluk of the Kottayam district had been given on lease by the then Poonjar Chief to late Mr John Daniel Munroe of London and Peermade on the 11^th day of July, 1877, for coffee cultivation;

AND WHEREAS the right, title and interest of the lessor had been assumed by the former Government of Travancore;

AND WHEREAS by such assumption the lands have become the property of the former Government of Travancore;

AND WHEREAS the Government of Kerala have become the successor to the former Government of Travancore;

AND WHEREAS large extent of agricultural lands in that village has not been converted into plantations or utilised for purposes of plantation and such lands are not required for the purposes of the existing plantation;

AND WHEREAS the Government consider that such agricultural lands should be resumed for the distribution thereof for cultivation and purposes ancillary thereto;”

5. The learned Senior Counsel Sri.Ramakumar appearing for the petitioners submitted that the proceedings before the Land Board at the instance of the KDHPC Ltd was misguided and not maintainable. He referred to Section 7 of the Act and submitted that the dispute was actually with regard to possession of land or portion of the land and hence the proper procedure as under Section 7 was to be followed. He contended that under Section 6 of the Act, demarcation of boundaries was mandatory and the said statutory requirement was not followed. Referring to Exts.P1 to P4, the learned Senior Counsel submitted that the Poonjar Kovilakom which leased out the subject properties and still rec