SHEKKABBA BEARY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner claims to be the owner in possession of 42.09 Ares of property, comprised of in Survey No.189/2A2 of Paivalikke Village in Manjeshwar Taluk, Kasargod District; and he has approached this Court being aggrieved by the fact that the 2nd respondent - Tahsildar, has refused permission to sell the said property on the ground that, as per the terms of the assignment under which he obtained it, he is prohibiting from selling it for a period of 25 years from the date of assignment.

(2.) The petitioner says that even though his application, namely Ext.P8, seeking such permission has not been formally rejected, he has been told by the competent Authority that it will not be allowed and asserts that this is indubitable because, in the counter pleadings filed before this Court, this stand has been reiterated.

(3.) The petitioner, therefore, prays that the 2nd respondent be directed to consider Ext.P8 and allow him to sell the property covered by Ext.P1, since as per the Kerala Land Assignment Rules, 1964 (hereinafter referred to as 'the Rules' for short), prohibition from alienation continues only for a period of 25 years from the date of Registry; while going by Ext.P1, it is evident that the said date is in the year 1974.