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2013 Supreme(Ker) 521

THOTTATHIL B.RADHAKRISHNAN, A.V.RAMAKRISHNA PILLAI
K. Jagadeesachandran Nair – Appellant
Versus
E. K. Mamomohanan Pandarathil – Respondent


Advocate Appeared:
For the Petitioners:T.C. Mohandas, T.M. Sunil, Jaishankar V. Nair, Mrs. S. Chithra, Advocates.
For the Respondents:E.K. Nandakumar, K. John Mathai, P. Benny Thomas, P. Gopinath Menon, M. Gopikrishnan Nambiar, R4, Jacob P. Alex, Joseph P. Alex, R6, A.K. Jayasankar Nambiar, Senior Advocate, R7, R.D. Shenoy, Senior Advocate, K.V. Sohan, Cherian Gee Varghese, R8, P. Haridas, Advocates.

Judgment :

Thottathil B. Radhakrishnan, J.

1. OP(C).No.2989 of 2011 is filed invoking Article 228 of the Constitution of India seeking that O.S.No.125 of 2007 pending before the Sub Court, Pathanamthitta be withdrawn to this Court for the purpose of deciding the constitutional question stated to have arisen therein.

2. OP(C).No.3508 of 2011 is filed by the State of Kerala invoking Articles 227 and 228 of the Constitution of India seeking that the records leading to and pending consideration before the Taluk Land Board, Vythiri, 'TLB', for short, as TLB(SW)37/81 be called for and quashed as the same is non est in law and that upon transfer of that proceedings, the question of law raised by the State under Article 228 of the Constitution of India be decided upholding the plea of the Government based on public policy and in public interest. A declaration that large extent of lands held by the respondent in that original petition is liable to be forfeited under the Kerala Escheats and Forfeitures Act, 1964, for short, 'Escheats Act', is also sought for. The State has also sought for a decision, as if on a question of law, that the holding by the predecessor in interest of the responden
















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