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1975 Supreme(Ker) 178

P.SUBRAMONIAN POTI, CHANDRASEKHARA MENON
CHEEKUTTY – Appellant
Versus
LAND TRIBUNAL, ALANGAD – Respondent


Judgment :-

1. Several interesting questions are raised by the appellant in this writ appeal who was the petitioner before the learned single Judge. In the Original Petition he challenged an order of the Land Tribunal, Alangad on an application under S.77 read with S.75 (2) of the Kerala Land Reforms Act 1 of 1964 (hereinafter referred to as the Act). The applicant before the Land Tribunal sought the shifting of the kudikidappu of the respondent therein for the purpose of developing an industry which was run by him, that being one of making bricks. The kudikidappukaran who was the respondent in that application contended that the requirement of the applicant was not bonafide, that even in the property in which the kudikidappu was situate there was sufficient area for the Choola intended to be erected by the applicant without disturbing the kudikidappukaran, that the alternate site was not suitable for erecting a homestead and further that the application itself was not maintainable since the notice contemplated under S.77 of the Act was not preceded by a requisition for shifting. The Land Tribunal inspected the site on 13 51972 and found that the applicant was conducting brick busi






























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