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MULLACHERY KAMMADATHU AMMA v. COMMISSIONER - OP No. 32198 of 2001(G)  RD-KL 12726 (11 July 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMOP No. 32198 of 2001(G)
1. MULLACHERY KAMMADATHU AMMA
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
O R D E R
KURIAN JOSEPH , J
O.P. NO. 32198 OF 2001
Dated this the 11th day of July, 2007.
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
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