IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
**THE HONOURABLE MR. JUSTICE K.T.SANKARAN**
WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929
**CRP.No. 3288 of 2001(G)**
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_( TLB.324/1973 of TALUK LAND BOARD, CHANGANACHERRY )_
## REVN. PETITIONER:
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TOMY JOSEPH, S/O. C.J. JOSEPH, CHANGANKERI CHACKALAKAL HOUSE, VAZHAPPALLY EAST VILLAGE, CHANGANACHERRY TALUK.
## BY ADV. SRI.M.V.S. NAMBOOTHIRY
ADV. SRI.S.SANTOSH KUMAR (PERUNAD) ADV. SRI.DEEPAK THOMAS
RESPONDENTS:
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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM.
2. THE CHAIRPERSON, TALUK LAND BOARD, CHANGANACHERRY.
- R1 BY GOVERNMENT PLEADER ADV. SHRI S. DILEEP.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 06/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
## **C.R.P.NO. 3288 OF 2001**
**ORDER ON C.M.P.NO. 6903 OF 2001 IN C.R.P.NO. 3288 OF 2001**
DISMISSED.
SD/- K.T. SANKARAN, JUDGE.
06.02.2008
## **K.T. SANKARAN, J.**
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## **C.R.P. No. 3288 OF 2001**
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## **Dated this the 6[th] 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
**C.R.P. No.3288 OF 2001**
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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.**
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## **C.R.P. No.3288 OF 2001**
**K.T. SANKARAN, J. ........................................................ C.R.P. No. 3288 OF 2001 ......................................................... Dated this the 6[th] 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 4[th] 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.**
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## **C.R.P. No.3288 OF 2001**
**K.T. SANKARAN, J. ........................................................ C.R.P. No.3288 OF 2001 ......................................................... Dated this the 4[th] January, 2008**
**O R D E R**
