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2016 Supreme(Ker) 284

ASHOK BHUSHAN, A.M.SHAFFIQUE
STATE OF KERALA – Appellant
Versus
V. P. JOSEPH – Respondent


Advocates Appeared:
For the Appellant : SRI. C.R. SYAMKUMAR, SR. GOVERNMENT PLEADER.
For the Respondent: SRI. JACOB SEBASTIAN & SRI. K.A. MANZOOR ALI, ADV.

JUDGMENT :

A.M. SHAFFIQUE, J.

1. This Writ Appeal is filed by the respondents in the writ petition, the State of Kerala and its authorities challenging the judgment dated 18/08/2010 in W.P. (C) No. 35771/2010. The writ petition was filed by the respondent herein challenging Ext.P4 and P5 and for a direction to the respondents not to proceed against the petitioner in the light of Exts.P1 to P3.

2. The short facts involved in the writ petition are:-

Petitioner claimed that his father Sri.Paily and his mother Smt.Eli were having ownership and possession in respect of 25.25 Acres of land in Kuppathode village in Mananthawady Taluk. Petitioner's father executed a gift deed bearing No. 2227/71 of S.R.O. Mananthawady by which an extent 13.50 Acres of land was gifted in favour of the petitioner. He filed ceiling return before the authorities under Section 85(2) of the Kerala Land Reforms Act (hereinafter referred to as the 'KLR Act') on 14/12/1972. The Taluk Land Board (for short 'TLB') passed an order dated 28/06/1976 dropping the ceiling proceedings holding that the properties were acq




































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