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2023 Supreme(Ker) 269

ANIL K. NARENDRAN, P. G. AJITHKUMAR
K. Jayaprakashan, S/o. Kappadan Kelan – Appellant
Versus
State Of Kerala Represented By Its Secretary To Revenue-Devaswam Department – Respondent


ORDER :

[Anil K. Narendran, J.]

1. The petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a declaration that respondents 3 to 5 Land Tribunals, while dealing with the case of assignment of jenmam right in respect of religious endowments, are bound to examine whether the claim in every case is hit by Section 29 of the Madras Hindu Religious and Charitable Endowments Act, 1951 and Section 76 of the Madras Hindu Religious and Charitable Endowments Act, 1927; and a declaration that Ext.P5 notification, i.e., G.O.(P)No. 09/2018/RD dated 22.02.2018 issued under sub-section (1) of Section 105A of the Kerala Land Reforms Act, 1963, whereby the Government of Kerala appointed the Village Officers coming within the jurisdiction of each Land Tribunal constituted under Section 99 of the said Act for bringing to the notice of the Land Tribunal concerned any fact or information required by the Land Tribunal to take any action necessary for the implementation of the provisions of that Act, is ultra vires the substantive provisions of the Kerala Land Reforms Act, 1963 and hence legally unsustainable. The petitioner has also sought for a writ of certiorari

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