Proceedings under Kerala Land Reforms Act cannot be revived if not abated due to the death of the declarant.

1The properties in question belonged to one Manappadi Krishnan. He died without filing statement under S.85(2) or S.85A of the Kerala Land Reforms Act. This was the state of affairs when the Taluk Land Board, Tellicherry by its proceedings No. S.M. 325/76 (Tly.) dated 7-7-78 declared that the legal representatives of Krishnan are liable to surrender excess land, measuring 12.88 acres. The widow of Krishnan challenged the sad order before this court by filling CRP No. 2386 of 1978. This court after considering the various aspects of the case, has passed the following order:
"Government Pleader takes notice. The proceedings are against the family of one Krishnan, who passed away in 1972. This court has held that where a member of the statutory family as on 1-1-1970 dies after the aforesaid date no proceedings could be continued against him or his family under S.85 and the proper course is to proceed under S.87 against those on whom the properties have devolved. The order of the Taluk Land Board cannot therefore be sustained and it is set aside. CRP allowed as above. The Taluk Land Board will however, be free to proceed under S.87." This order is dated 18-9-1978.

2In the year 1981 the Government promulgated the Kerala Land Reforms (Amendment) Ordinance, 1981, Ordinance 5 of 1981 dated 22nd June 1981. This Ordinance was later replaced by the Kerala Land Reforms (Amendment) Act, 1981, Act 19 of 1981 (for short the Amendment Act). By the Amendment Act a new sub-section was introduced as sub-section (6A) to S.85. The Amendment Act contains S.7, introduced with a view to validate certain proceedings. The statement of objects and reasons disclose the object that is sought to be achieved by the introduction of the above sections. Relevant portions therefrom are extracted hereunder:
"6. The Kerala High Court in CRP 35/77E held that in as much as there is no provision in the Act for continuation of the proceedings for taking over of excess lands initiated against a person who filed a statement under sub-section (2) of S.85 or sub-section (1) of S.85A, on the death of such person, against his legal representatives, such legal representatives are under no obligation to account for the surplus land, if any, held by the person who filed the statement and that the proceedings would lapse on his death.
7. The above decision directly applies only to a case where the declarant is an adult unmarried person. It might also apply to a case where the declarant is a sole surviving member. The decision does not apply where the declarant is a member of a "family" as defined in the Act. However, the High Court has set aside the orders of the Taluk Land Boards in several cases where the declarants were persons liable to file the statement on behalf of "family" as defined in the Act. The Taluk Land Board also had dropped proceedings in several such cases wrongly relying on the above decision. Therefore, it was considered necessary to specifically provide in the Act that proceedings before the Taluk Land Board shall rot abate on the death of the declarant and that such proceedings shall be continued against the legal representatives in case such declarant is an adult unmarried person or the sole surviving member of a family or against the remaining members of the family in other cases.
(8) ......... ........... ............................. ...... ..... ..................
(9) Transitory provisions enabling the Land Board or the Taluk Land Board, as the case may be, to reopen all ceiling cases where the proceedings for determination of excess land had been dropped on the ground that the declarant had died before such determination and to continue such proceedings were also considered necessary."

3It can thus be seen that the object with which S.85(6A) was introduced, was to restore to file the proceedings which stood abated on the death of the declarant who had initiated proceedings or against whom proceedings had been initiated in respect of the excess land liabl