G.SANTHOSHKUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are the appellants. The writ petition is filed inter alia challenging Ext.P9 order issued by the Government cancelling the assignment of 75 cents of Kayal puramboke land comprised in Survey No.236/1 of Panavally Village in Cherthala Taluk in favour of legal heirs of late Govinda Panicker and the direction to take back the property from the petitioners.

(2.) IT is the submission of the appellants that by Ext.P3 order assignment was made in respect of property which was on Kuthakappattom lease in favour of their predecessor in interest on payment of Rs.2000.00 per cent. After taking the property on lease, substantial improvements have been effected and the nature of land had been changed and it is presently a coconut garden with boundaries.

(3.) THE learned Single Judge, after taking into consideration the provisions relating to Land Assignment, had come to a conclusion that on the basis of judgment in Varkey Abraham v. Secretary to Government [2007(3) KLT 702], such extent of land cannot be assigned. In that view of the matter, the learned Single Judge has dismissed the writ petition.