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1995 Supreme(SC) 1323

B.L.HANSARIA, K.RAMASWAMY
State Of Kerala – Appellant
Versus
Varkey Mathew – Respondent


Advocates:
M.T.George, P.K.MANOHARAN

JUDGMENT

1. The appeals arise from the orders of the single Judge of the Kerala High Court made in CRP No. 2731/82 dated July 14, 1987. The admitted facts are that Kerala Land Reforms Act 1964 was enforced w.e.f. January 1, 1970 and by operation thereof the entire excess land stood vested in the State. Section 85 of the Act prescribes procedure for computation of the excess land. Under S. 85 (2), where a person owns or holds land in excess of the ceiling area such person shall within a period of three months from the date notified under S. 83, file a statement before the Land Board intimating the location, extent and such other particulars as may be prescribed, of all the lands including lands exempted under S. 81 owned or held by such person indicating the lands proposed to be surrendered. Admittedly, respondent Varkey Mathew did not file the statements and he died in 1973. The Special Tehsildar submitted his report regarding excess land owned by the deceased as on 1-1-1970 by his proceedings dated April 6, 1978. The Taluk Land Board passed an order on July 15, 1978 initialing the proceedings under S. 85 (7) against the respondents. On representation made by the respondents by pro










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