STATE OF KERALA Vs. MUNNAR WOODS

JUDGEMENT

(1.) APPELLANTS in W.A.No.1721/2009 are State of Kerala and its officers who were arrayed as respondents before the learned single Judge. First respondent herein was the writ petitioner.

(2.) WRIT petition came to be filed seeking quashing of Ext.P1 dated 18/07/2007 issued by the District Collector, Idukki. Under Ext.P1, District Collector ordered taking over of 2.84 acres of land in Sy.Nos.84/1/1 and 84/1/2 of Pallivasal Village in Devikulam Taluk along with the constructions thereon by the Government. The relief sought in the writ petition was to restore possession of the aforesaid land to the writ petitioner. 

(3.) ACCORDING to respondent State, patta said to have been issued under 1935 Rules was never produced, therefore, title of the petitioner was under a cloud and according to them, there was no assignment under 1935 Rules. They also contended that adjudication cannot be made so far as disputed questions of fact regarding title under a petition filed under Article 226 of the Constitution of India.