K.C.CHINNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) ONE Kollankunnel Joseph, who was a declarant as per the Kerala Land Reforms Act, 1963 (hereinafter referred to as "the Act") died intestate and unmarried. The petitioner who claims to be the only legal heir, being the niece of the said declarant seeks an option with respect to the surrender of 81 cents of property, the proceedings of which concluded even during the life time of Kollankunnel Joseph.

(2.) THE proceedings taken against Kollankunnel Joseph for surrender of excess lands by order of the Taluk Land Board, Kozhikode dated 27.11.1985 was resisted by the declarant; which eventually concluded by Ext.P4 order in revision. This Court after considering the entire facts and circumstances as also the law on the subject reduced the extent of surrender ordered from 2.66 acres to 81 cents.

(3.) IN the meanwhile, the declarant passed away on 30.04.1999 which is evidenced by Ext.P2, Death Certificate. The above O.P was necessitated when Ext.P10 notice was issued calling for applications for distribution of land surrendered. The petitioner who was the only legal heir approached this Court and obtained a stay of distribution of lands. Hence, admittedly, the 81 cents is now in the possession of the Government and no distribution has been effected by virtue of the Interim Order passed in the above writ petition.