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M.SETHU MADHAVAN versus THE DISTRICT COLLECTOR

High Court of Kerala

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M.SETHU MADHAVAN v. THE DISTRICT COLLECTOR - WP(C) No. 17271 of 2007(F) [2007] RD-KL 9600 (6 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17271 of 2007(F)

1. M.SETHU MADHAVAN,
... Petitioner

2. SMT.SASIKALA,

Vs

1. THE DISTRICT COLLECTOR,
... Respondent

2. THE TAHSILDAR,

3. STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.P.VIJAYA BHANU

For Respondent : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

Dated :06/06/2007

O R D E R

S. SIRI JAGAN, J.

W.P.(C)NO.17271 OF 2007

DATED THIS THE 6th DAY OF JUNE, 2007



JUDGMENT

The petitioners challenge Ext.P3 order of the 1st respondent, whereby assignment in favour of the petitioners under the Kerala Land Conservancy Act has been cancelled on the ground that the petitioners are actually the relatives of the declarant from whom the land has been taken as excess land and the petitioners are found possessing other properties which disentitles them from assignment under the Kerala Land Reforms Act. The fact that the petitioners have other properties is evident from the writ petition itself since the petitioners themselves offer to exchange some other property belonging to them for the land in question. The assignment under the Land Conservancy Act of excess land taken over is intended for the benefit of landless people. That being so, the petitioners are clearly disentitled to the assignment. Therefore, I do not find any merit in the challenge against Ext.P3 and accordingly, the writ petition is dismissed.

S. SIRI JAGAN, JUDGE

Acd


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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