JOHNY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are the legal heirs of deceased Dany John, have filed this writ petition seeking to quash Exts.P5 and P9 and to direct the 2 nd respondent- District Collector not to initiate any proceedings pursuant to Ext.P5 order.

(2.) The petitioners state that deceased Dany John purchased 21.46 Ares of property in Re-Survey No.46/9 and 10.07 Ares in Survey No.46/10 of Vallachira Village. The said Dany John passed away in the year 2010 and the petitioners, who are legal heirs, came into possession of the property. The 3rd petitioner, in the year 2004, had purchased 20.80 Ares property in Re-Survey No.46/11 and then an extent of 10.72 Ares in Re-Survey No.46/10. The property was a reclaimed paddy land when it was purchased. All these properties are in the exclusive possession and enjoyment of the petitioners.

(3.) The petitioners would submit that Exts.P1 and P1(a) registered Sale Deeds would show that the vendor of the property had described the property as reclaimed paddy land converted into garden land. The property was improved and coconut trees, jack trees, arecanut trees, nutmeg trees, etc. are standing thereon. Two motor sheds with electricity connection are also there in the property.