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1987 Supreme(Ker) 200

M.P.MENON
MOIDEEN KUNHI HAJI – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The first petitioner was the 'assessee' in ceiling proceedings under S.85 of the Kerala Land Reforms Act, 1963 (Act 1/64), that is one, who in the opinion of the Taluk Land Board, was in possession of lands in excess of the ceiling limit applicable to his family. In suo mote proceedings initiated under S.85(7), the Board passed an order on 16-11-81 directing him to surrender 7.45 acres of land as excess. The order was passed without hearing him because despite service of draft statement and notice fixing the date of hearing, he had failed to appear before the Board at the appointed time. Within a matter of days, however, the assessee moved an application before the Board for setting aside that order: it was his case that he was prevented by sufficient cause, form appearing before the Board on 16-11-81. Objections to the draft statement were also filed along with the above application. The Board considered the matter, found that the assessee had shown satisfactory reasons for non-appearance, and set aside its "ex parte order." An order of stay was also issued, directing the Tahsildar not to take over the excess lands, pending reconsideration of the ceiling case. The o























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