KURIAN Vs. VASU

JUDGEMENT

(1.) An application filed by the petitioner under S.77 of the Kerala Land Reforms Act for shifting the kudikidappu of the first respondent for the purpose of constructing a building for the occupation of his son has been dismissed by the Land Tribunal, Madappally. It has been so dismissed on a preliminary ground. The kudikidappu is situate in the Paipadu Panchayat area. If alternate site had been offered in the said area that should have been of a minimum of 10 cents in extent. But the alternate site offered is 5 cents as the site falls within the Changanacherry Municipal area. S.75(2)(c)(iii) provides that the extent of the new site shall be the extent of the existing kudikidappu subject to a minimum of three cents if within the limits of a city or major municipality, five cents if within the limits of any other municipality and 10 cents if in any Panchayat area or township. Therefore the new site need be only 5 cents if it is in a municipality subject, of course to the condition that it shall not be less than the extent of the existing kudikidappu. Therein no evidence as to the extent of the kudikidappu and the averment of the petitioner is that it is 3 cents. Whatever that be, it is for the first respondent to show that the extent of the kudikidappu is larger than 5 cents. If that is not shown evidently that is not shown the offer of 5 cents as alternate site in a Municipal area would be within S.75(2).