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1975 Supreme(Ker) 228

G.VISWANATHA.IYER
CHACKO JOSE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner is coming to this Court a second time against the order of the Land Board fixing the extent of the excess land to be surrendered by him. By the proceedings of the Land Board dated 12-6 -1974 the petitioner was directed to surrender 1.34 acres being the extent of land found in excess of the ceiling area. He filed C. R. P. No. 837 of 1974 before this Court and contended that he is not in possession of any excess land if the lands held by him are properly classified and the ceiling area fixed. His grievance was that an extent of 2 acres 74 cents in Sy. No. 741/2 and 70 cents in Sy. No. 579/8 is only a dry land and not coconut garden as shown in the draft statement. This Court set aside the order of the Land Board for re-consideration in view of the two conflicting reports about the nature of the lands and conversion of some of them after 1-4-1964. On remand the Secretary of the Land Board was deputed to make a local verification and on the basis of bis report a fresh order was passed by the Land Board classifying a major portion of the above land as garden land and fixing the excess land to be surrendered. According to the Land Board, in 70 cents there ar









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