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1991 Supreme(Online)(Ker) 30

KERALA HIGH COURT
, J
Joseph Kunju v. Poly Mendez And Others


1 The Original petition is to quash Ext. P13 proceedings of the District Collector, Ernakulam, dated 26-5-1990. The facts necessary for the disposal of the Original Petition are the following :- Petitioner is the owner of a land in Sy. No. 199/4, 199/8 and 200/1. There were five kudikidappukars in the property. Petitioner required the land for construction of a building for his own residence and so he filed five applications before the Land Tribunal, Palluruthy as O. A. Nos. 307 to 311 of 1975 for shifting of the kudikidappus under S.75(2) of the Kerala Land Reforms Act. The applications were later transferred to the Vypeen Land Tribunal. The contention of the kudikidappukars in these applications was that there is no bona fides in the applications and that the distance of the alternate sites offered is more than one mile and accordingly the condition mentioned in S.75(2) is not satisfied. There were two reports by two Revenue Inspectors regarding the distance of the alternate site from the kudikidappu site, one report saying that it is beyond one mile and the second report saying that it is within one mile. The second report was by one Jameela who was a Revenue inspector at that t




















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