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Issues involved: Jurisdiction of High Court in revision u/s 103 of the Kerala Land Reforms Act, 1963
The judgment deals with the issue of the jurisdiction of the High Court in revision under Section 103 of the Kerala Land Reforms Act, 1963. The appellant, a public limited company, had applied for shifting a land known as kudikidappu to another site under Section 75(2) of the Act. The Land Tribunal allowed the application, which was challenged by the kudikidappukaran in the Land Reforms Appellate Authority. The High Court, in revision, set aside the orders of the Land Tribunal and the appellate authority, leading to the appeal before the Supreme Court. Details of the Judgment: The learned Single Judge of the High Court observed that even excluding the site of the kudikidappu, there was no difficulty in constructing according to the site plan. However, the revision was allowed, setting aside the orders of the Land Tribunal and the appellate authority. The appellant's counsel argued that the High Court's jurisdiction in revision is limited as per Section 103 of the Act, which allows intervention only if a question of law has been decided erroneously or not decided at all by the Tribunal or appellate authority. The Supreme Court noted that the High Court had not formulated any question of law and there was no finding that the Tribunal or appellate authority had decided a question of law erroneously or failed to decide one. Therefore, the Court held that the learned Single Judge had acted without jurisdiction in interfering with the lower authorities' orders. Consequently, the impugned order was set aside, and the order of the Land Reforms Appellate Authority was restored. As a result, the appeal was disposed of accordingly.
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