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1999 Supreme(SC) 56

D.P.WADHWA, S.S.M.QUADRI, K.T.THOMAS
Kerala Ayurveda Vydyasala LTD. – Appellant
Versus
Pandara Valappil Kallianai – Respondent


ORDER

1. The appellant is a public limited company called Kerala Ayurveda Vydyasala Ltd. The appellant has extensive land but very proximally to the Vydyasala of the appellant there existed a kudikidappu, a land which belongs to the appellant. As the site of the said kudikidappu was found to be inconvenient to the appellant, an application was made before the Land Tribunal under Section 75(2) of the Kerala Land Reforms Act, 1963 (for short "the Act") for shifting the kudikidappu to another alternative site belonging to the appellant. The application was allowed by the Land Tribunal against which the kudikidappukaran has filed an appeal before the Land Reforms Appellate Authority but the appeal was dismissed on merits subject to some modification. The kudikidappukaran moved the High Court in revision and in that revision, the High Court set aside the orders of the Land Tribunal and the appellate authority, as per the impugned order before us.

2. Learned Single Judge of the High Court has gone into the factual possession (sic position) and observed thus :

"Even if the site of the kudikidappu is excluded there could be no difficulty in putting up the construction according to the site pl















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