The court dismissed the writ petition challenging appellate and revisional orders under the Kerala Land Assignment Rules, 1964, regarding land assignment to the 5th and 6th respondents.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 25TH DAY OF MAY 2016/4TH JYAISHTA, 1938
W.P.(C).No.3727 of 2007 (R)
PETITIONER(S):-
KRISHNA POOJARY, S/O.LATE POOVA HENGASU, R/AT KAYYAR VILLAGE AND POST, KASARAGOD TALUK & DISTRICT.
BY ADV. SMT.R.PADMAKUMARI.
RESPONDENT(S):-
R1 TO R4 BY SENIOR GOVT. PLEADER SRI.MANOJ P.KUNKACHAN. R6 BY ADV. SRI.V.V.ASOKAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) NO.3727 OF 2007-R
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 TRUE COPY OF THE ORDER NO.LR(J)2.305 68/99/KDIS. DATED 28.01.2003 PASSED BY THE 2ND RESPONDENT.
EXT.P2 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DT.30.10.04.
EXT.P3 TRUE COPY OF THE ORDER NO.LR.J2-627 27/2004 DT.3.7.2006 PASSED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE COMMISSIONER'S REPORT FILED IN O.S.NO.151/98.
RESPONDENT'S EXHIBITS:-
--------------------------------------NIL.
Vku/[ true copy ]
K. Vinod Chandran, J
-------------------------------------W.P.(C) No.3727 of 2007-R
Dated this the 25th day of May, 2016
JUDGMENT
The petitioner challenges Exhibits P2 and P3 orders
of the appellate and revisional authority under the Kerala Land Assignment Rules, 1964 [for brevity “the Rules”]. An extent of 0.72 acres of land in R.S.No.77/1A2 of Kayyar Village was assigned in favour of the 5th respondent. The assignment was made as per order in L.A.No.173/73/Kayyar dated 04.03.1974. The petitioner filed an appeal after 24 years, on 23.06.1998. The appeal having been dismissed, the petitioner filed a revision, in which there was a remand order passed as per Exhibit P1.
by Exhibit P2, after examining the records and inspection report available in the files. A revision filed by the petitioner was also unsuccessful, as is evidenced from Exhibit P3.
contended that he was not given opportunity to adduce evidence,
W.P.(C) No.3727 of 2007 - 2 -
no notice was given before the assignment and that the revision petitioner was in occupation of the property along with his predecessor-in-interest, his mother, for the last 40 years.
possession and had constructed a residential building in the property was attempted to be advanced on the basis of an agreement executed by the petitioner with the Paivalika Grama Panchayat. The agreement produced by the petitioner indicated that the construction of the house under a housing scheme with the assistance of the Panchayat was to be carried on in R.S.No.75/3A. The assignment made to the 5th respondent was
W.P.(C) No.3727 of 2007
in R.S.No.77/1A. Hence, the document attempted to be placed on record to advance the contention in fact belied the contention raised by the petitioner.
Sd/- K.Vinod Chandran Judge.
Vku/-
[ true copy ]
2 issues framed by the court
Whether the writ petition challenging the Land Assignment Rules orders is sustainable.
Whether the petitioner was denied opportunity to adduce evidence in the appellate and revisional proceedings.
1 provisions across 1 enactments
KRISHNA POOJARY
STATE OF KERALA
COMMISSIONER OF LAND REVENUE
SUB COLLECTOR, KASARAGOD
THAHASILDAR (LA), MANJESWARAM
MAMMU
K.VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
