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1993 Supreme(Ker) 90

P.A.MOHAMMAD
Thampi Gounder – Appellant
Versus
State of Kerala – Respondent


Judgment :-

This revision arises from a proceeding initiated by the Taluk Land Board under sub-section (9 a) of S.85, which was incorporated in the Kerala Land Reforms Act, 1963 (for short 'the act) by Act 16 of 1989.

2. The facts of the case can be summarised thus: The revision petitioner is an excess-land holder who had been directed to surrender 4.26 acres of land by the Taluk Land Board, Chittur as per its order dated 28-4-1976 in the land ceiling case under S.85(5) of the Act. As against the said order the petitioner filed C.R.P.No. 2252 of 1976 under S.103 of the Act before this Court. By order dated 13-3-1977, this court allowed the revision in part and consequently 28 cents was reduced from the excess land directed to be surrendered. Pursuant to the said order, the Taluk Land Board issued revised order dated 6-5-1977 directing the petitioner to surrender 3.98 acres of land which was taken possession of by it thereafter. Subsequently, the case was proposed to be re-opened under S.85(9) of the Act on the ground that exemption towards threshing ground, well etc. had been granted in excess of what is actually allowable. After hearing the petitioner, the Taluk Land Board decided


















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