STATE OF KERALA Vs. K MOIDEENKUTTY

JUDGEMENT

(1.) We have heard learned counsel on both sides.

(2.) Leave granted.

(3.) This appeal by special leave arises from the order of the High Court of Kerala at Ernakulam made on October 27,1992, in C.R.P.No.1399/87. The admitted facts are that K. Moideenkutty, the declarant under the Kerala Land Reforms Act, 1961, was found to be in possession of 3171.53 acres of excess land in Thiruvampadi village. This finding came to be recorded by the Taluk Land Board, Kozhikode in its order dated March 29,1985, under the Act. That order became final. Subsequently, the Taluk Land Board reopened the matter and by order dated August 5,1986, found that the 877 tenants were in occupation of an extent of 1726.90 acres of land and that 1444.63 acres was a private forest. Consequently, K. Moideenkutty was not in excess of the land. That order dated August 8,1986 came to be challenged in the revision. The learned Single Judge dismissed the revision upholding the order of the second order passed by the Taluk Land Board. Thus, this appeal by special leave.