INDIRAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed seeking to quash Exts.P9, P10 and P11 orders passed by respondents 5, 4 and 3 respectively under the Land Conservancy Act, 1957.

(2.) Brief facts required for the purpose of disposal of the writ petition are as follows:

(3.) Petitioner is the wife of one late Rajendra Prasad. Rajendra Prasad was the owner in possession of 45 cents of property in old Sy.No.13709/A/1 -3 and 13709/A/1 -1 of Karunagapally Village, secured from his parents Damodaran and Jagadamma who were in possession of the property for years together. During 1994 at the behest of a few local residents who were making attempts to cut open a pathway through a portion of the property of Rajendra Prasad, 5th respondent initiated proceedings against Rajendra Prasad under the Act by issuing LC No.10/1994 and ordered to impose prohibitory tax on him holding that he had encroached upon an extent of 3.08 cents of Government poramboke, evident from Ext.P1. As per Ext.P1 5th respondent directed Rajendra Prasad to vacate the premises consequent to which he was issued with Ext.P2 notice. As per Ext.P2 Rajendra Prasad was called upon to pay arrears of land tax from the year 1944 onwards, is the contention.