S. RAJENDRAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs:

(2.) Going by the averments in the writ petition, the petitioner is a member of Scheduled Caste. The 5 th respondent assigned 8 cents of land in KDH Village in favour of the petitioner in accordance with the provisions of the Kerala Land Assignment Act, 1960. When the petitioner attempted to effect mutation in the revenue records, it was found that the survey number was wrongly shown as 843A instead of the correct survey number of 912. As per judgment dtd. 20/2/2020 in W.P.(C)No.7296 of 2015, this Court directed the 5th respondent to consider the request of the petitioner to correct the survey number in the light of circular No.35735/A2/2015/Revenue dtd. 30/10/2017 issued by the 1st respondent. But as per Order No. B1-10716/2018 dtd. 8/1/2021, the 5th respondent rejected the request of the petitioner to correct the survey number. Aggrieved by the same, the petitioner filed an appeal dtd. 26/2/2021 before the 4th Respondent which was dismissed. Though the petitioner filed a Revision petition before the 2nd respondent, the same was also dismissed. In the meanwhile, the 5th respondent has issued an order of eviction of the petitioner from the property in question under the Land Conservancy Act. Hence the above writ petition.

(3.) The 2nd respondent Commissioner of Land Revenue filed a counter affidavit opposing the averments in the writ petition. Paragraphs 3 to 12 of that counter affidavit read thus: