DAMAYANTHI Vs. STATE

JUDGEMENT

(1.) The petitioner who got assignment of a property from a person, the total extent of land in whose possession is more than one acre, after 1-7-1969 applied on 30-6-1970 to the State of Kerala Ist respondent under S.75(3) of the Kerala Land Reforms Act (hereinafter referred to as the Act) for acquisition of land for shitting the kudikidappukaran in the property. That application was rejected by the Ist respondent on the ground that the transferor of the property where the kudikidappu stands possessed more than one acre of land as on 1-7-1969, after which day only the assignment to the petitioner of the land took place. This order, marked as Ex-P1 is impugned in the proceedings as violative of the statutory provision as, according to the petitioner, the provision which is plain and unambiguous does not preclude a transferee from applying under the section provided he owns or possesses only less than one acre of land.