State of Kerala vs Kondottyparambanmoosa

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2008 Supreme(SC) 1180

State of Kerala – Appellant
Versus
Kondottyparambanmoosa – Respondent

JUDGMENT (TARUN CHATTERJEE, J.)

1. The present appeal is filed at the instance of the State of Kerala & Another against the impugned judgment dated 1st of June, 2001 passed by the High Court of Kerala at Ernakulam in C.R.P. No. 1365 of 1992 whereby the High Court had allowed a Revision Petition filed by the respondents and set aside the order of the Taluk Land Board (hereinafter referred to as the `Board) and directing that the Board may proceed afresh under sub- section (9) of Section 85 of the Kerala Land Reforms Act, 1963 (in short `the Act).

2. The brief facts leading to the filing of this appeal may be narrated as under : The Respondents had filed a statement under Section 85(A) of the Act relating to lands held by their family. According to the verification report, the family of the respondent consisted of five members including the respondent, his wife and three minor children. According to the said verification report the total extent of land held by the family was equivalent to 25.40 standard acres. Out of this 0.85 acre of land was eligible for exemption under Section 81 of the Act. After allowing the family of the respondent to retain standard acres equivalent to 18.72 a