IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 3288 of 2001(G)
1. TOMY JOSEPH
... Petitioner
Vs
1. STATE
... Respondent
For Petitioner :SRI.MVS.NAMBOOTHIRY
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.T.SANKARAN
Dated :06/02/2008
O R D E R
K.T. SANKARAN, J.
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C.R.P. No. 3288 OF 2001
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Dated this the 6th February, 2008
O R D E R
The Revision is filed challenging the order of the Taluk Land Board,
Changanacherry dated 09.11.2001. Proceedings were initiated by the Taluk Land
Board under Section 85 (9A) of the Kerala Land Reforms Act. As per the proviso to
Section 85 (9A) of the Act, the Taluk Land Board shall not re-open a case after the
expiry of three years from the date of coming into force of the Land Reforms
(Amendment) Act, 1989 (Act 16 of 1989). The Amendment Act, 1989 (Act 16 of 1989)
came into force on 30.05.1989. Therefore, the Taluk Land Board had to initiate
proceedings before 30.05.1992.
2. In Balan vs. State of Kerala [2006 (4) KLT 229 (FB)], a Full Bench of this
Court had taken the view that it is sufficient that a notice is issued by the Taluk Land
Board on or before 30.05.1992 for the purpose of reviewing an order passed in a
ceiling case invoking Section 85(9A) of the Kerala Land Reforms Act and that it is not
necessary to pass the final order within that period.
3. The learned counsel for the petitioner submitted that the petitioner received
the notice only on 30.06.1999 and that no notice was issued to the declarant before
30.05.1992. I had verified the records. The proceedings paper would show that on
16.05.1992, a notice was put up to initiate proceedings under Section 85(9A) of the Act
and it was approved on 18.05.1992. Page 59 of the records contains the notice dated
18.05.1992. At page 55 of the records, a cover, in which a registered article was sent
to the declarant and which was returned to the sendor, is seen. The cover would
indicate that the notice was sent on 20.05.1992. The cover is a used cover which was
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originally used for sending a communication by the United India Insurance Co. Ltd. to
the Revenue Divisional Officer, Kottayam. There are so many seals on the cover . To
eliminate any sort of doubt as to whether a communication was sent to the declarant
before 30.05.1992 in respect of the proceedings to be initiated under Section 85(9A) of
the Act, I issued a direction to produce before the Court the outward ledger (despatch
register) kept by the office of the Taluk Land Board, Changanassery as well as the
office of the Sub Collector, Kottayam for the period of May 1992. The despatch
register of the Taluk Land Board would show that on 19.05.1992, a communication was
sent to the declarant in TLB.324/1973/ Changanassery . The postal receipt in respect
of the same is seen pasted in the despatch register. The seal shows that it was
registered from the post office on 20.05.1992. The number 351 noted on the cover at
page 55 of the records tallies with the printed number seen on the receipt. The name
and address as seen on the cover and as seen in the despatch register also tallies.
Thus it is clear that a notice was issued to the declarant before expiry of the period as
provided under the proviso to Section 85(9A) of the Kerala Land Reforms Act. The
contention raised by the revision petitioner is therefore not liable to be accepted. No
other points are raised by the revision petitioner.
The Civil Revision Petition is accordingly dismissed. No order as to costs.
K.T. SANKARAN,
JUDGE.
lk
C.R.P. No.3288 OF 2001
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K.T. SANKARAN, J.
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C.R.P. No. 3288 OF 2001
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Dated this the 6th February, 2008
O R D E R
C.R.P. No.3288 OF 2001
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K.T. SANKARAN, J.
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C.R.P. No.3288 OF 2001
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Dated this the 4th January, 2008
O R D E R
The Revision is filed challenging the order of the Taluk Land Board,
Changanassery dated 09.11.2001, after initiating proceedings under Section 85(9A) of
the Kerala Land Reforms Act. The contention raised by the petitioner is that the
proceedings under Section 85 (9A) were initiated after the expiry of three years as
provided in the proviso to Section 85(9A). Section 85(9A) came into force on
30.05.1989. Therefore, the proceedings were to be initiated before 30.05.1992.
2. In Balan vs. State of Kerala [2006(4) KLT 229(FB) ], a Full Bench of this
Court has taken the view that it is sufficient that a notice is issued by the Taluk Land
Board on or before 30.05.1992 for the purpose of reviewing an order passed in a ceiling
case and that it is not necessary to pass the final order reviewing the case within that
period. The contention of the petitioner is that he received notice only on 30.06.1999
and that no notice was issued before 30.05.1992.
3. I have verified the records. The proceedings paper would show that on
16.05.1992 a notice was put up to initiate proceedings under Section 85(9A) and it was
approved on 18.05.1992. Page 59 of the records contains the notice dated
18.05.1992 . In page 55 of the records, a cover containing a registered letter
addressed to C.J. Joseph, the declarant, is seen. The endorsement would show that it
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was sent by registered post on “20.05” . The endorsement made by the post office on
the reverse side of the cover would show that the notice was attempted to be served on
several dates. The reverse side of the cover shows that the cover was originally used
as a cover to send a letter from the United India Insurance Company to the Revenue
Divisional Officer, Kottayam. That letter appears to have been sent on 18.05.1992. On
the front side of the cover, where the address of the declarant is pasted, there is
another seal dated 19.05.1992. That must be, most probably, the seal put on the letter
sent by the United India Insurance Company to the Revenue Divisional Officer. It is on
that seal, the paper containing the address of the declarant is pasted.
4. Learned counsel for the petitioner submits that it is necessary to verify the
outward ledger kept by the office of the Sub Collector, Kottayam as well as the
outward ledger kept by the Taluk Land Board, Changanassery to verify as to whether a
letter was issued to C.J. Joseph, as alleged, before 30.05.1992. Though, prima facie,
I am satisfied that a notice was issued before 30.05.1992, to obviate any possible doubt
in the matter, I am inclined to call for the outward ledger maintained by the office of the
Sub Collector, Kottayam and also the outward ledger maintained by the Taluk Land
Board, Changanassery for the period of May, 1992. The outward ledgers shall be
produced within a period of two weeks from today.
Post after two weeks.
K.T. SANKARAN,
JUDGE.
lk
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K.T. SANKARAN, J.
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C.R.P. No.3288 OF 2001
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Dated this the 4th January, 2008
O R D E R