KANNAN Vs. LAND TRIBUNAL

JUDGEMENT

(1.) Two questions arise for determination in this writ petition. The petitioner is a kudikidappukaran. The first respondent is the Land Tribunal, Shertallai. The 2nd respondent is now the owner of the property. The kudikidappu is situated in a property jointly owned by him and his mother The mother is no more now. He and his mother filed O S No. 447 of 1970 on the file of the Munsiff's Court, Shertallai under S.77 of the Kerala Land Reforms Act, for short, the Act, to shift the kudikidappu to another site, for the bona fide requirement of constructing a building on the property, for his eldest son.

(2.) The petitioner contended that the requirement is not bona fide, that the new site offered is not fit for erecting a homestead and that the same is more than one mile away from the kudikidappu property. It was further contended that he belongs to the Pulaya community, a scheduled caste, and that therefore he cannot be evicted under S.3 of the Kerala Prevention of Eviction Act, Act 12 of 1966, notwithstanding S.77 of the Act.

(3.) During the pendency of the suit, the case was transferred to the Land Tribunal and it was renumbered as O A. No. 439 of 1971. The Land Tribunal passed Ext. P1 order upholding the bona fide requirement urged, directing the petitioner to shift. This writ petition is directed against Ext. P1 order.