- (1.) This appeal by the State of Kerala and others, is against the judgment and order of the High Court of Kerala in CRP No. 1158 of 1985 dated September 25, 1987. The short question that is posed here is whether Explanation I to sub-section (1) of Section 87 applies when land under Section 81(1)(k) of the Kerala Land Reforms Act ceases to be exempted.
(2.) This question arises in the following factual backdrop : The respondent is a partner of a firm, an industrial undertaking. He claimed exemption of the land in question under Section 81(1)(k) of the Kerala Land Reforms Act (for short 'the Act'). The Taluk Land Board, Kodungallur, in proceeding under Section 85 of the Act opined that he was not entitled to the exemption as the land was not actually put to industrial use and directed him to surrender the excess land measuring 3.22.250 acres. The respondent carried the matter in revision before the High Court. Observing that there was nothing on record to show that the District Collector had issued any notice under proviso to Section 81(1)(k), the High Court held that the respondent was entitled to avail the exemption. Thereafter, the Collector issued notice under the proviso directing the respondent to put to use the said land before December 12, 1982. On failure of the respondent to comply with the notice of the Collector, the Taluk Land Board proceeded under Section 85 of the Act, determined the excess land as on 1-1-1970 and directed him to surrender the said extent of land. The respondent again carried the matter in revision before the High Court of Kerala. It was pointed out by the High Court that in the earlier round of litigation the exemption under Section 81(1)(k) was held applicable but as it ceased to apply subsequent to the notified date (1-1-1970), Section 87 of the Act was attracted and thus allowed the revision on September 25, 1987. The correctness of that order is assailed before us.
(3.) XX XX XX;