High Court Kerala High Court

M.Sethu Madhavan vs The District Collector on 6 June, 2007

Kerala High Court
M.Sethu Madhavan vs The District Collector on 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