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UMAVATHI @ NALINI versus P. KUMARAN NAIR

High Court of Kerala

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UMAVATHI @ NALINI v. P. KUMARAN NAIR - OP No. 20227 of 2000(G) [2006] RD-KL 1175 (16 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 20227 of 2000(G)

1. UMAVATHI @NALINI
... Petitioner

Vs

1. P.KUMARAN NAIR
... Respondent

For Petitioner :SRI.S.V.BALAKRISHNA IYER

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :16/10/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.20227 of 2000 Dated 16th October, 2006.

J U D G M E N T

Petitioner is aggrieved by Ext.P5 order passed by the second respondent. It is an order passed in a revision filed by the first respondent. That revision was filed against Ext.P4 order passed by the third respondent appellate authority. The issue pertains to assignment of 17 cents of land to the petitioner in the year 1991. It appears the first respondent filed an appeal after six years. That was rejected by Ext.P4 by the Revenue Divisional Officer on the ground of delay as well as on merits. It was found on local inspection by the Revenue Divisional Officer that the first respondent does not have any right over the property, since the property is situated beyond two chains. It was also found that the petitioner had made several improvements in the property. It was against that order, the first respondent filed the revision leading to Ext.P5 order. In the impugned order, the Land Revenue Commissioner also found that the first respondent does not have any right to claim assignment. However, it was held that the petitioner had not occupied the land, the order was OP NO. 20227/2000 2 passed to cancel the assignment. Ex facie, it is against the factual finding entered by the R.D.O. on local inspection, which is recorded in Ext.P4. Therefore, the order cannot stand. Ext.P5 is accordingly quashed and the writ petition is allowed.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. 20227 of 2000 G

J U D G M E N T

Dated 16th October, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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