EMUR BHAGAVATHY DEVASWOM Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant Emur Bhagavathy Devaswom is aggrieved by the finding of a learned Single Judge of the High Court of Kerala that the second respondent is entitled to a fixity of tenure in respect of 300 acres of private forest by virtue of Section 7-D of the Kerala Land Reforms Act. Hence this appeal by special leave.

(2.) Pursuant to an application for sanction under Section 29 of the Madras hindu Religious and Charitable Endowments Act, 1951 (for short "the Madras Act") the second respondent was given a lease of the aforesaid 300 acres of land as per a lease deed executed on 21-2-1964 in which the sanction granted by the Commissioner under the Madras Act on 3-4-1961 has been referred to. But subsequently, the Government of Kerala while exercising revisional powers under Section 99 of the Madras Act set aside the order of sanction dated 3-4-1961 by holding that granting of sanction was improper and illegal and remanded the case to the Commissioner for a decision afresh.

(3.) This happened on 15-3-1968. A writ petition was filed by the second respondent challenging the aforesaid order of the Government dated 15-3-1968 but it was dismissed by the High Court on 9-11-1970.