Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms Act 1963-Section 85(8} |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Kerala Land Reforms Act, 1963-Section 85(8)-Ceiling proceedings-Application for impleadment filed by sisters of the declarant found to be collusive and dismissed by High Court-Declarant challenges ceiling proceedings by filing another revision petition-High Court declares ceiling proceedings as void-If the order passed on the impleadment petition also becomes nonest-Held : No. Proceedings were initiated against the family of Respondent No. 1 under the provisions of Kerala Land Reforms Act, 1963. In the said proceedings respondents No. 3 and 4 who were the sisters of Respondent No. 1 filed impleadment application claiming tenancy rights over the property. The application for impleadment was rejected by the Land Board. The Respondent No. 1 and 2 filed C.R.P. No. 3440 of 1977 before the High Court against the said order which was dismissed by the High Court holding that alleged tenancy was a collusive attempt between the brother and the sisters. Respondent No. 1 had also challenged vide C.R.P. No. 3699 of 1977, the proceedings of the Land Board by which he was directed to surrender excess land held by him over and above the ceiling limit. The High Court in C.R.P. No. 3696 of 1977 held that the proceedings against the Respondent No. 1 was initiated suo moto and not on intimation given by the Land Board about non-filing of statement by the Respondent No. 1. Therefore, the High Court held that the ceiling proceedings against the Respondent No. 1 was void and quashed the impugned order. However, the High Court did not preclude the Land Board from initiating the proceedings afresh in accordance with law. Pursuant to the order of the High Court in C.R.P. 3696 of 1997, the Land Board issued a fresh draft statement and issued notice to Respondents No.1 and 2. In these proceedings the Respondents No. 3 and 4 again filed impleadment application which was allowed by the Board. The Board also held that the Respondent No. 1 was holding lands only within the ceiling limit. The revision petition of the Appellant was dismissed by the High Court on the ground that as the proceedings initiated by the Land Board had been declared as void and non-est, the proceedings from which C.R.P. No. 3440 of 1997 arose was also non-est. Allowing the appeal, |
Judge | Hon'ble Mr. Justice K.S. Paripoornan |
Neutral Citation | 1995 INSC 827 |
Petitioner | State Of Kerala |
Respondent | M.k. Kunhikannan Nambiar Manjeri Manikoth, Naduvil (dead) And Ors. |
SCR | [1995] Supp. (6) S.C.R. 139 |
Judgement Date | 1995-12-04 |
Case Number | 8376 |
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