1. The writ petitioner is the Vicar of the St. Antony's Church, Vady, Quilon. The prayer in the writ petition is for quashing the orders Exts. P1 to P6 passed by the Additional Land Tribunal No. II, Quilon turning down the petitioner's request for directing respondents Nos. 2 to 7 herein who are six kudikidappukars in occupation of homesteads situated in a property belonged to the petitioner's church, to shift to the alternative site offered by the petitioner. The ground put forward by the petitioner in support of his prayer for shifting the kudikidappukars is that the lands forming the sites of the kudikidappu are required by the church for widening a cemetery and for a contemplated expansion of the church. The Land Tribunal dismissed the application on the ground that the new sites offered to the kudikidappukars are not suitable for locating their homesteads.

2. It is argued by the learned advocate appearing for the petitioner that this finding entered by the Land Tribunal is based mainly on the results of a local inspection conducted by it and the petitioner was not given due opportunity to adduce other evidence concerning the suitability of the alternative sites.

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