STATE OF KERALA Vs. MOHAMMEDALI HAJI

JUDGEMENT

(1.) This revision petition, filed by the State of Kerala alleging that exemption given to the returnee, for the area claimed by him as quarry, by the Taluk land Board, Ernad is illegal, has been referred for consideration by a Division Bench, doubting the decision in C.R.P No. 1245/1975.

(2.) The Land Board, considering the objection filed by the returnee and accepting the report of the Authorised Officer, exempted 1 acre of land in R.S. No. 367 as granite quarry and another 1 acre in R.S. No. 537 as laterite quarry. According to the State, this will not come within the commercial site defined in S.2(5) of Kerala Land Reforms Act, 1963 (here in after referred to as 'the Act') and is therefore not liable to be exempted under section S.(1)(q) of the Act.

(3.) In C.R.P. 1245/1975,a learned Judge of this court took the view that even though "in order to remove the product from the land (quarry) there is some element of commerce or trade taking Taluk Land Board went wrong in giving exemption. It was further submitted that the decision in C.R.P. No. 1245/1975 does not require reconsideration.