A.Chandran Nair vs M.Krishnan Nambiar on 12 December, 2006

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 26185 of 2003(P)


1. A.CHANDRAN NAIR, AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. M.KRISHNAN NAMBIAR, S/O.RAMAN NAMBIAR,
                       ...       Respondent

2. THE COMMISSIONER OF LAND REVENUE,

3. THE REVENUE DIVISIONAL OFFICER,

4. THE TAHSILDAR (LA), KASARAGOD TALUK.

                For Petitioner  :SRI.T.SETHUMADHAVAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

 Dated :12/12/2006

 O R D E R
                            KURIAN JOSEPH, J.

                     -----------------------------------------

                          W.P(C)No.26185  of  2003

                     -----------------------------------------

              Dated this the 12th  day of  December, 2006


                                  JUDGMENT

Both the petitioner and the first respondent are assignees of

land to the extent of 27 and 28 cents respectively. But it appears

that there is some dispute as to the identity of the property. The

revisional as well as the appellate authorities have remanded the

matter to the assigning authority, namely the Tahsildar. The

apprehension of the petitioner is that on remand the Tahsildar

might pass orders based solely on the observations of the revisional

as well as appellate authorities. I do not find any ground for such

an apprehension, particularly since the appellate order is behind the

back of the petitioner. It is made clear that while the Tahsildar

passing orders as directed in Ext.P1 order passed by the appellate

authority, the matter shall be considered with an open mind since

basically the question is of identity of the property and since both

parties are entitled for assignment of the land. Orders as above

W.P(C)No.26185/2003

-:2:-

shall be passed by the 4th respondent with notice to the petitioner

and the first respondent within a period of three months from the

date of production of a copy of the judgment.

The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ahg.