YUSUF Vs. STATE OF KERALA

JUDGEMENT

(1.) CHINNATHAMPY Rawther died in the year 1973. Proceedings were taken against the lands held by him under the Kerala Land Reforms Act, 1963, in the year 1983, by Suo Motu Proceeding No.1555/1983 as against the wife and children of the deceased land owner. The Taluk Land Board passed an order dated 8-2-1984 directing surrender of 4.68 acres as excess lands held by CHINNATHAMPY Rawther on the date notified under the Kerala Land Reforms Act.

(2.) THE wife and children of Chinnathampy Rawther approached this court by CRP No.930/1984. THE contention raised before this Court was that once the Taluk Land Board had found that 4.87 acres were ancestral property of Chinnathampy Rawther the Taluk Land Board failed to see that the other properties held by Chinnathampy Rawther also were obtained out of the income of such ancestral property. When the said property is also ancestral and not individually held by the land owner, proceedings ought to have been taken against all the family members. Contention was also taken with respect to the suo motu proceedings issued against the land owner in the year 1983 relying on the transitory provisions contained in Section 7 of Act 19 of 1981.

(3.) THE learned Special Government Pleader (Revenue) however would contend that such matters are settled by the early judgment of this Court and that the remand in C.R.P No.2510/1998 would confine the consideration with respect to the claim of acquisition of entire properties from the income derived out of the ancestral property.