KALLODI ST. GEORGE FORANE CHURCH Vs. K.MOHANDAS

JUDGEMENT

(1.) This review petition is filed to review the judgment dtd. 19/2/2024 in W.P.(C.) No. 20705/2015 (K.Mohandas and others v. State of Kerala and others [2024 (2) KHC 258]). The review petitioner is the 5th respondent in the above writ petition. This Court disposed of the writ petition with the following directions :

(2.) In the review petition, it is stated that the judgment was pronounced based on the materials placed before this Court as per which the question of assignment of Government land and its property alone was considered. It is submitted that Annexure AI and Annexure AII produced along with the review petition would show that the premises on which the parties pleaded and the decision making process proceeded were erroneous and that the actual facts pertaining to the property was not brought to the notice of this Court. It is submitted that Annexures AI and AII would show that the property held by the review petitioner earlier belonged to one Bran Ali and subsequently, he granted the property to the review petitioner by way of oral lease. Annexures AI and AII would show that since 1928, the ownership of the property was in the name of Bran Ali and subsequently, after reorganisation, in the Basic Land Tax Register, the ownership of the property has been shown in the name of the review petitioner. It is submitted that the said fact would establish that there was no right with the Government to claim market value of the property. According to the review petitioner, the properties have been held by them since 1931 and even if in the capacity of the tenant, the review petitioner is entitled for Fixity of Tenure as contemplated under Sec. 13 of the Kerala Land Reforms Act. Hence, this review petition.

(3.) Heard Adv.M.Sasindran, who appeared for the review petitioner and the learned Government Pleader. I also heard the learned counsel appearing for the writ petitioner.