VARKEY ABRAHAM Vs. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT

JUDGEMENT

(1.) The main question which arises for consideration in this Writ Appeal is whether a person whose family possesses large extent of lands could apply for invoking the powers of the Government under Rule 24 of the Kerala Land Assignment Rules, to assign, in public interest, dispensing with the provisions contained in the Rules, land adjoining his extensive lands and that too, to get assignment of an extent of land more than that could be assigned under the Rules.

(2.) The petitioner in the Writ Petition (appellant herein) was in possession of 34.97 acres of land. He filed a statement before the Land Board, as required under Section 85(A)(1) of the Kerala Land Reforms Act. The Land Board transferred the statement to the Taluk Land Board, Meenachil, under Section 85A(3) of the said Act. The Taluk Land Board, in its proceedings dated 11-9-1976, accepted the return and held that the petitioner was not required to surrender any excess land. He was not required to surrender excess land since an extent of 22.49 acres was under the category exempted for the purpose of computing the ceiling area.

(3.) It is stated by the petitioner that his father was in possession of 4.35 acres of Government puramboke land. Out of the 4.35 acres of land, an extent of 1.15 acres of land was assigned to the father of the petitioner in Puthuvel Case No. 251 of 1105 M.E. The balance extent of 3.20 acres of Government land is the subject matter of the present case.