Danesh.T.N. vs The Revenue Divisional Officer on 18 June, 2009

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Kerala High Court
Danesh.T.N. vs The Revenue Divisional Officer on 18 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19366 of 2005(E)


1. DANESH.T.N., S/O.DAMODARAN,
                      ...  Petitioner

                        Vs



1. THE REVENUE DIVISIONAL OFFICER,
                       ...       Respondent

                For Petitioner  :SRI.PROMY KAPRAKKATT

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :18/06/2009

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                       W.P.C. NO. 19366 OF 2005
                  --------------------------------------------
                  Dated this the 18th day of June, 2009

                                JUDGMENT

Petitioner is challenging Ext.P3 order whereunder petitioner’s

father’s land is declared as revenue puramboke land by the Asst.

Collector. According to the petitioner, land was taken on lease from

it’s owner years back and after death of petitioner’s father, property is

shared among legal heirs and they are in possession and enjoyment of

the property. It is strange that petitioner’s father did not apply for

certificate of purchase under Land Reforms Act. In any case, even if

land is declared as revenue puramboke, petitioner is free to make

application for assignment from Government so that they have the title

to hold and enjoy the property. There are clear-cut norms about

assignment of government land. In the circumstances, W.P. is disposed

of directing the respondent to consider petitioner’s claim of possession

and enjoyment of the property and for assignment and pass appropriate

orders after reconsidering Ext.P3 order within three months from the

date of production of a copy of this judgment. Petitioner would be

heard before any orders are passed against him.




                                        (C.N. RAMACHANDRAN NAIR)
kk                                                      Judge

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