V.GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is aggrieved with the rejection of assignment of land sought for, by Exhibit P9.

(2.) The petitioner claimed that, he, along with his wife, is in possession of 5 cents of puramboke land in Survey No.575/1 of Sasthamcotta Village. The application filed at Exhibit P3 is for assignment of the said 5 cents which is rejected by Exhibit P9. The petitioner, in the above writ petition, challenge Exhibit P6 order of the Government; which was in pursuance of the judgment at Exhibit P5, to the extent it finds the 2 cents of land assigned to the wife of the petitioner and the further 3 cents said to be in the possession of the petitioner being included in the market puramboke. The petitioner also challenge Exhibit P9 order declining assignment of 1.73 ares of property.

(3.) Admittedly the property now sought for assignment is comprised in a total of 10.98 acres, which is a revenue puramboke. The petitioner's wife was assigned 2 cents of property for the purpose of building a residential house. The petitioner is then said to have encroached into 3 cents of property for beneficial enjoyment of the 2 cents which was assigned to the wife of the petitioner. The Panchayat having taken proceedings against the petitioner for eviction from the 3 cents of property adjoining the 2 cents assigned to his wife, the petitioner was before the Civil Court with a suit, in which Exhibit P1 judgment was passed. The injunction sought against the Panchayat, from demolishing the structure situated in the plaint schedule property, was granted as per Exhibit P1. A further attempt to evict made by the Panchayat in the year 2000 also was challenged by the petitioner before the Civil Court, which ended in Exhibit P2 judgment being passed, again restraining the Panchayat by an order of permanent prohibitory injunction from entering into the plaint schedule property and committing any mischief. The Panchayat filed an appeal against the same, which stood dismissed as per Exhibit P11 judgment. In such circumstance, the Panchayat cannot have any claim against the petitioner's property.