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1982 Supreme(Ker) 110

T.CHANDRASEKHARA MENON
BHASKARA KURUP – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Judgment :-

1. The Tahsildar, Karunagappally had taken possession of an extent of 13 cents of land comprised in Sy. No. 9567 of Thodiyoor Village as excess land belonging to one Unnikrishna Pillai as ordered by the Taluk Land Board. This land was assigned as per the Kerala Land Reforms (Ceiling) Rules to one Chandrasekharan Nair of Kidangoor Veedu. According to the petitioner, the land that was resumed from Unnikrishna Pillai belonged to the tarwad of Unnikrishna Pillai and Petitioner. That was the seat of the tarwad diety and a'Sarpakavu'. Though in the partition the land had been assigned to Unnikrishna Pillai, it had been the place of worship of the members of the tarwad.

2. The surrender and assignment of the land in accordance with the Kerala Land Reforms Act roused the sentiments of the members of the tarwad and apprehension prevailed among them that tampering with the 'Sarpakavu' and family diety might affect adversely the members of the tarwad. Therefore the petitioner prevailed upon the assignee, Chandrasekharn Nair, to sell this piece of land so that he could preserve the 'Sarpakavu' and family diety. Chandrasekharan Nair readily agreed to sell the land, as the land was un






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