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2024 Supreme(Online)(KER) 38834

HIGH COURT OF KERALA
A. Muhamed Mustaque, P.M. MANOJ, JJ
K.C.THOMAS – Appellant
Versus
THALUK LAND BOARD R.D.OFFICE VYTHIRI – Respondent


Advocates:
SRI.SUNNY MATHEW, SRI.M.H.HANILKUMAR, SPECIAL GOVERNMENT PLEADER

Table of Content
1. challenge to reopening order (Para 2)
2. need for authoritative pronouncement (Para 3)

JUDGMENT

A. MUHAMED MUSTAQUE, J This original petition was referred to the Division Bench of this Court for an authoritative pronouncement as to the impact of proviso to Section 85 (9A) of the Kerala Land Reforms Act , wherein it is stipulated that 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 (for short ‘the Act’). The Act came into force on 30.05.1989 which means that the outer limit to reopen the proceedings is 29.05.1992.

2. The original petitioner received a notice on 30.04.1992, proposing to pass an order under Section 85 (9A) of the Act. The order of reopening was passed on 11.01.1995. This is questioned before this Court on the ground that this order was passed after expiry of the outer limit of three years as provided under proviso to (9A).

3. The learned Single Judge, who heard the matter was of the view that authoritative pronouncement is required apparently noting a contrary view taken by another Single Judge. The question therefore arises whether actua

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