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MULLACHERY KAMMADATHU AMMA versus COMMISSIONER

High Court of Kerala

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MULLACHERY KAMMADATHU AMMA v. COMMISSIONER - OP No. 32198 of 2001(G) [2007] RD-KL 12726 (11 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 32198 of 2001(G)

1. MULLACHERY KAMMADATHU AMMA
... Petitioner

Vs

1. COMMISSIONER
... Respondent

For Petitioner :SRI.SURESH KUMAR KODOTH

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :11/07/2007

O R D E R

KURIAN JOSEPH , J


==================================
O.P. NO. 32198 OF 2001
==================================

Dated this the 11th day of July, 2007.



JUDGMENT

The petitioner is aggrieved by proceedings initiated in the matter of assignment of land. The dispute started with Ext.P1 Government order. According to the petitioner, without taking note of the physical possession of the property by the petitioner, the order was passed behind his back, in respect of the disputed 6 cents, the second item in Ext.P2 assignment order. The dispute is only on that land. Since factual aspects, according to the petitioner, are not taken note of by the Government while passing the impugned order, it is only appropriate and in the interest of justice that the same is considered by the government with notice to the petitioner and 5th respondent. I quash Ext.P1 and related orders as far as the assignment of the disputed 6 cents of land is concerned. The matter is remitted to the Government. There will be a direction to the Government to pass fresh orders in the matter with notice to the petitioner and the 5th respondent within a period of four months from the date of receipt of a copy of this judgment. Till such time the petitioner shall not be dispossessed from the disputed land. The Original Petition is disposed of accordingly.

KURIAN JOSEPH, JUDGE.

rv


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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