JOHNY P. A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ appeal is preferred by the petitioner in W.P.(C) No.34034 of 2014, challenging the judgment of the learned Single Judge dtd. 29/7/2020, whereby the learned Single Judge dismissed the writ petition. Subject issue relates to earmarking of land vested in the Government under the provisions of the Kerala Land Reforms Act 1963 for public purpose as per sec. 96 of Act 1963. Brief material facts for the disposal of the writ appeal are as follows;

(2.) Appellant is the son of one late Padikkala Anthappan. Late Anthappan filed a Ceiling Return under Sec. 85(8) of the Kerala Land Reforms Act, 1963, hereinafter called, "Act, 1963". The land Board, as per an order dtd. 4/5/1977, which was later revised in the year 1978, directed Anthappan to surrender 35/67/81 Acres of land. As per document dtd. 11/10/1961 of Sub Registry, Mundoor, late Anthappan had gifted some properties in favour of the appellant. Since the appellant was a minor at that time, his properties were also included in the Ceiling case of Anthappan.

(3.) According to the appellant, he has no grievance regarding the extent of land ordered to be surrendered, which was duly complied with by late Anthappan. But the grievance highlighted in the writ petition is that by the action of the Land Board/ District Collector, assigning an extent of 1.60 Acres of land from the surrendered land, for putting up Police quarters is bad and illegal. Besides, putting up of walls completely preventing the appellant from making use of his 65 cents of land, which is now in a land locked position and therefore, the following reliefs were sought for in the writ petition: