Even a member of the statutory family can file an application under section 85(8) of the Kerala Land Reforms Act, 1963. The issue is no longer res integra in view of Velayudhan v. State of Kerala [1981 KLT 696]. The said decision is seen followed in State of Kerala v. Leela [2007 (4) KLT 824]. The petitioner contends that his name was absent in the draft statement issued. The petitioner submits that no individual notice was also served on him. Reliance is placed on rule 12(2) of the Kerala Land Reforms Ceiling Rules, 1970 in this regard.
2. The petitioner maintains that he came to know about the order of the Taluk Land Board much later. This is because he was employed abroad for several years. The period of limitation applicable to section 85(9) or 85(9A) of the Kerala Land Reforms Act does not apply to section 85(8) of the Kerala Land Reforms Act.
3. I set aside the impugned order and direct the Taluk Land Board to consider the application put in by the petitioner under
C.R.P.(L.R.)No.515 of 2012
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section 85(8) of the Kerala Land Reforms Act, 1963 afresh. The petitioner shall appear before the Taluk Land Board, Ottappalam on 27.10.2014, which shall issue notice to the interested persons. Every endeavour shall be made to take the proceedings to a logical end within a period of three months therefrom.
The civil revision petition is disposed of.
vpv Sd/-
V.CHITAMBARESH JUDGE