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2024 Supreme(Online)(KER) 54728

HIGH COURT OF KERALA
VIJU ABRAHAM, J
CLARET BHAVAN MINOR SEMINARY OF THE CLARETIAN CONGREGATION – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.B.KRISHNAN, SABU GEORGE ABRAHAM, BABU KALLIVAYALIL, MANU VYASAN PETER

JUDGMENT

The petitioners have approached this court seeking to quash Exts.P4 and P5 whereby a notice in a proceeding under Section 85 of the Kerala Land Reforms Act 1963 (hereinafter referred to as ‘Act 1963’)was issued to the petitioner.

2. It is averred in the writ petition as follows: The 1st petitioner is a society registered under the Travancore-Cochin Literary Scientific and Charitable Societies Act, 1955. Ext.P1 is the certificate of registration whereas Ext.P2 is the Memorandum of Association. The 1st petitioner congregation owns a large extent of property. Government by Ext.P3 notification exempted an extent of 17.03.875 acres of land under Section 81 (3) of the Act 1963. While so, the petitioners were served with Ext.P4 notice in a proceeding under Section 85 of the Act 1963 along with a draft statement intimating that the Taluk Land Board, Meenachil has provisionally assessed 39.6587 acres as excess land liable for surrender and by Ext.P5, the petitioners were issued with a notice of hearing on the basis of Ext.P4 draft statement. It is in the said circumstance that the petitioners have approached this court.

3. It is the contention of the petitioners that Chapter III o

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