P.G.THOMAS THARAKAN Vs. STATE LAND BOARD

JUDGEMENT

(1.) The petitioner seeks a direction from this Court to the concerned among the respondents for issuance of necessary orders divesting the petitioner's property, which has vested with the Government in terms of Section 85(5), read with Section 86, of the Kerala Land Reforms Act (for short, the K.L.R.Act), in view of the fact that petitioner's proposal, offering an alternate land, has been accepted and acted upon by the Government.

(2.) When the learned Senior Government Pleader points out a doubt as to whether vesting has taken place or not in terms of the Kerala Land Reforms Act, in which case only, the question of divesting arise; and also, in the context of the availability of statutory power, if any, for divesting a land, which has already been vested with the Government, this Court appointed Sri.Harikumar.G.Nair as Amicus Curiae.

(3.) Heard the learned Counsel for the petitioner; the learned Government Pleader and the learned Amicus.