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2023 Supreme(Online)(Ker) 53666

KERALA HIGH COURT
, J
Jayaprakashan K. v. State of Kerala


Advocates:
For the Appellants/Petitioners: None Listed
For the Respondents: Learned Standing Counsel for Malabar Devaswom Board, Learned Special Government Pleader (Revenue)

1. The petitioner has filed this writ petition under Art.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 S.29 of the Madras Hindu Religious and Charitable Endowments Act , 1951 and S.76 of the , 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 S.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 S.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 , 1963 and hence legally unsustainable. The petitioner has also sought for a writ of certiorari to quash Ext.P5 notification dated 22.02.2018; and a writ of mandamus commanding respondents 1 to 15 to take immediate steps to


































































































































































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