MAJOR BABU THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner who is a retired Army personnel and his brother own residential property on the rear side of the Arthunkal Police Station on the north eastern corner. The brother of the petitioner has filed a suit in O.S.No.892/2007 on the file of the court of the Additional Munsiff of Cherthala. The suit is one for declaration of right of easement by prescription and for consequential injunction as regards a road on the eastern side of the police station. The said road allegedly connects the house plots of the petitioner and his brother with the beach road running in the east -west direction in front of the police station. The brother of the petitioner has also secured an interim order of injunction against the sixth respondent in regard to his uninterrupted use of the road.

(2.) IT appears that the sixth respondent purported to relinquish the land (which takes in the disputed road) in favour of the Government under the Kerala Land Relinquishment Act, 1958 (hereinafter referred to as 'the Act' for short). Ext.P5 order was accordingly passed by the third respondent allowing the application for relinquishment filed under Section 3 of the Act. The petitioner has challenged ext.P5 order of the third respondent in Ext.P9 appeal filed under Section 4A of the Act and the same is pending consideration. The petitioner points out that any person aggrieved by an order passed allowing the application for relinquishment can maintain an appeal under Section 4A of the Act.

(3.) THE petitioner contends that there are several infirmities in Ext.P5 order allowing the application for relinquishment and that the same is liable to be set aside. The application for relinquishment filed by the sixth respondent has been produced as Annexure -A9 in Contempt Case (C) No.569/2014. The application is dated 23.6.2006 and seen received 6 years after on 19.12.2012 and counter signed by the Village Officer almost one year thereafter on 29.11.2013. The petitioner immediately refers to Form -B under Rule 7 of the Kerala Land Relinquishment Rules, 1958. The application in the requisite proforma has to be countersigned by the Village Officer then in office. The petitioner contends that the Village Officer named who assumed charge in March, 2013 could not have received Annexure -A9 application even on 19.12.2012.