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2011 Supreme(Ker) 417

K.T.SANKARAN
Rajagiri Rubber and Produce Company Ltd. Registered office at beach road, Alleppey – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioners:C.M. Devan, A.M. Shaffique, Advocates.
For the Respondent:Additional Advocate General.

JUDGMENT

1. The declarant in S.M.C.No.26/81, on the file of the Taluk Land Board, Vythiri, challenges the order dated 17.8.1994 in this Revision. The petitioner was, originally, Kalpetta Estates Limited. It is stated that as per the order passed in C.P.No.9 of 2005 connected with M.C.A.Nos.97 and 98 of 2004, this Court ordered amalgamation of the assets and liabilities of Kalpetta Estates Limited with Rajagiri Rubber and Produce Company Limited and that the assets and liabilities of the transferor Company vested with Rajagiri Rubber and Produce Company Limited. As per the order dated 6.12.2006 in this Revision, the cause title was allowed to be amended changing the name of the petitioner as Rajagiri Rubber and Produce Company Limited.

2. The ceiling proceedings were initiated originally as TLB.1777/1973 of Taluk Land Board, South Wynad. The Taluk Land Board in its order dated 23.1.1976, considered the ceiling statement dated 12.9.1970 of Kalpetta Estates Limited and, after considering the claims and objections, passed a final order dated 23.1.1976, directing the declarant (petitioner) to surrender 680.96 acres of land as excess land. It was found that the total extent in the possess







































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