LAWS(SC)-2008-5-243

STATE OF KERALA Vs. VINCY CHERIAN

Decided On May 13, 2008
STATE OF KERALA Appellant
V/S
Vincy Cherian Respondents

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appeal is directed against the judgment and order dated 03/03/2006 passed by a Division Bench of the Kerala High Court in WA No. 2090 of 2004 whereby and whereunder the application filed by the respondents herein for 'Registry of land' in terms of the provisions of Cardamom Rules (Travancore), 1935 was directed to be considered afresh by the competent authority under the said rules.

(3.) ONE Mr. Ouseph Varkey was the grandfather of the respondents herein. He allegedly came in possession of 99 acres of land in village Devikulam Taluk of Kerala State. Indisputably, the lands in question were within the jurisdiction of the Travancore State. The then Travancore State in exercise of its power conferred upon it under S.7 of the Travancore Land Assignment Regulation III of 1097 (Malayalam Era) framed Rules known as Cardamom Rules (Travancore), 1935 in terms whereof the Rules framed earlier in the year 1905 were superseded.