HIDAYATHULLA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is one of the legal heirs of one Puthiyakath Kinattingal Sainaba, who was in possession of 2 Acres of Government Puramboke land in Sy.No.59/14 of Mangalam Village, which was leased out to her for a considerably a long period. The petitioner has filed this writ petition, under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P22 order dtd. 9/7/2019 of the 2nd respondent District Collector; and a writ of mandamus commanding the respondents to take steps to assign 2 Acres of land comprised in Re.Sy.No.59/14 of Mangalam Village, as sought for in Ext.P15 representation dtd. 19/10/2017 made by the petitioner, along with other legal heirs of the deceased Sainaba, before the 2nd respondent.

(2.) On 9/8/2019, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader was directed to get instructions.

(3.) A counter affidavit has been filed by the 3rd respondent Tahsildar, Tirur, opposing the reliefs sought for in this writ petition. Paragraphs 3 to 5 of the counter affidavit read thus;