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1977 Supreme(Ker) 349

V.BALAKRISHNA ERADI, G.BALAGANGADHARAN NAIR
BHAVANI AMMA – Appellant
Versus
MADHAVAN – Respondent


Advocates Appeared:
For the Appellant : T.C. Mohandas & T.K. Chinnan.
For the Respondents: Thomas V. Jacob, K. Kurien George & Government Pleader.

JUDGMENT :

V. Balakrishna Eradi, J.

The short question that arises for decision in this writ appeal is whether the Revenue Divisional Officer, while disposing of an appeal preferred before him under sub-section (4) of S.29 of the Kerala Land Reforms Act, 1963 (hereinafter called the Act) against an order passed by the Tahsildar preparing the record of rights in respect of a land, has the power to remand the case to the Tahsildar for fresh disposal The learned single Judge was of opinion that in view of the specific provisions contained in sub-section (6) of S.29 and sub-rule (3) of R.28 of the Kerala Land Reforms (Tenancy) Rules, a power of remand is not vested in the Appellate Authority, namely the Revenue Divisional Officer, and accordingly the learned Judge allowed the writ petition, out of which this writ appeal arises, and quashed the order Ext. P2 dated 26-12-1974 passed by the Revenue Divisional Officer, Chengannur remanding the case to the Tahsildar for fresh disposal after examination of certain additional witnesses. The 1st respondent in the writ petition is the appellant before us and it is contended by her that the aforesaid view taken by the learned single Judge is not c















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