THANKAMMA JACOB Vs. STATE OF KERALA
LAWS(KER)-2003-2-75
HIGH COURT OF KERALA
Decided on February 27,2003

THANKAMMA JACOB Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) Late Mr. John Jacob was in possession of certain extent of properties in Wayanad District, the total area of which was 90.96 acres. In view of the advent of the Land Reforms Act, he had submitted ceiling return under S.85 of the Act on 30.3.1970. After adjudication, the Taluk Land Board, Wayanad on 30.7.1976 by Ext. P1 proceedings held that out of the total area, petitioner will be entitled to retain only 43.48 acres and the balance of 47.08 acres is liable to be surrendered. This was overruling the objections of the declarant that a substantive portion of the land so directed to be surrendered was in fact rubber and coffee plantations.
(2.) C.R.P. No. 4716/76 had been filed against the order. But this Court did not interfere in the matter. As a matter of fact the Supreme Court had upheld that above said decision and Ext. P1 thus became final in all respects. The learned counsel, Elizebeth Mathai Idiculla points out that the problems of the declarant had not ended up there.
(3.) In due course, steps were taken up by respondents for taking possession of the land, which was declared to be excess land because of Ext. P1 proceedings. It is submitted by the learned Government Pleader that such possession had been taken over and distribution had been made in respect of a total extent of 37.08 acres as would be seen from the orders passed on 30.12.1982 and 26.6.1992. It was not possible for the Government to take full extent of land as per the order. The situation had arisen, because by that time in view of the proceedings that had been initiated under the Kerala Private Forests Vesting and Assignment Act, 1971, petitioners had been disposed of 10.50 acres of forest land.;


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