A suo motu proceedings initiated as SM 1/2002 by the 1st respondent is challenged in this writ petition as not maintainable, because the 1st respondent is lacking jurisdiction of review of Ext.P3 proceedings after expiry of the statutory period of limitation prescribed under the Kerala Land Reforms Act (for short the 'KLR Act'). In the counter affidavit filed by the 1st respondent it is contended that SM No.1/2002 is not a re-opening of the earlier ceiling case. But it is a fresh ceiling case initiated under Section 87 of the KLR Act, and hence the question of limitation does not apply. It is stated that the SM proceedings in question was initiated on the basis that the Forest Tribunal Palakkad in OA No.969/1974 had ordered that 28.8755 Hectares of property in the possession of the family members of the petitioners are not vested forest and on that basis released the said property to the persons in W.P.(C)No.27680 of 2009 2
possession. Consequent to release of the above said extent of land, the parties concerned has got excess land than the ceiling limits. Therefore the suo motu proceedings is initiated under Section 87 on the basis that the parties concerned had acquired properties in excess of the ceiling limits.
2. It is pointed out that the very same extent of 28.8755 Hectares of land was further notified under the Kerala Forest (Vesting and Management of Ecologically Fragile Land) Act and the land in question was taken over possession by the Forest Department. Learned counsel appearing for the petitioners submitted that inview of the fact that the land in question was taken over by the Forest Department on the basis of the EFL notification, the suo motu proceedings now initiated by the 1st respondent has become infructuous.
3. This court is of the considered opinion that it is for the Taluk Land Board to consider the aspect as to whether the SM proceedings need to be pursued based on the notification issued under the EFL Act, taking over
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possession of the said property. It is desirable for the 1st respondent to take a decision with respect to the above aspect before taking any further steps in the matter.
Under the above mentioned circumstances, this writ petition is hereby disposed of by directing the 1st respondent to consider the question regarding maintainability of SM No.1/2002, based on the EFL notification issued with respect to the above said 28.8755 Hectares of land, as a preliminary issue, and to decide the same after affording opportunity of personal hearing to the petitioner. A decision in this regard shall be taken at the earliest possible, at any rate within a period of three months from the date of receipt of copy of this judgment.
Sd/-C.K. ABDUL REHIM JUDGE MJL