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1996 Supreme(Ker) 226

K.SREEDHARAN, C.S.RAJAN
State of Kerala – Appellant
Versus
Ittiachan – Respondent


Judgment :-

Sreedharan, ag. C.J.

State and Taluk Land Board, Parur-respondents 1 and 2 respectively in O. P. 39187 1987 - are the appellants. Taluk Land Board initialed suo-moto proceedings for taking possession of the excess land held by Varghese, who expired in 1973. By proceedings dt. 21.11.1977, the Taluk Land Board found that an area of 15.85.621 acres of 1 and was held by Sri. Varghese as on 1.1.1970 as excess land. Legal representatives of the deceased were directed to surrender the above area as excess land. That order of the Taluk Land Board was questioned before this Court in C.R. P. 549/1978. This Court by order dt. 30.8.1978 quashed the order of the Taluk Land Board taking the view that suo-moto proceedings were taken without intimation from the Land Board as required under S.85(7) of the Land Reforms Act, While disposing of the same, this Court observed that the Taluk Land Board is free to proceed under S.87, since the land in question is vested on the legal heirs in 1973 consequent on the death of original owner - Varghese. Subsequently, on 15.12.1978, the State Land Board authorised the Taluk Land Board under S.85(7) to initiate suo-moto proceedings against the heirs






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