LAWS(KER)-2007-7-144

K. SADASIVAN Vs. STATE OF KERALA AND ORS.

Decided On July 19, 2007
K. Sadasivan Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) THE petitioner in O.P. No. 31514 of 2002 is the appellant herein. The petitioner (K. Sadasivan) applied for assignment of an extent of 13 cents of land on registry, by his application dated 23.10.1996. The seventh respondent (Syamala Devi) made an application for assignment of the land on 22.10.1993. Pending those proceedings, the petitioner obtained Ext.P11 order from the Land Tribunal on his application under Section 80B of the Kerala Land Reforms Act and Ext.P12 purchase certificate was also issued. When it is admitted that the land is the government land, it is not known how the petitioner could apply before the Land Tribunal under Section 80B of the Kerala Land Reforms Act. The seventh respondent filed application as O.A. No. 152 of 1999 to cancel Ext.P11 purchase certificate. The Land Tribunal passed Ext.P13 order cancelling Ext.P11 purchase certificate. Though the petitioner filed appeal against that order, it was dismissed as per Ext.P14 judgment. It would appear that the petitioner again made an application as per Ext.P15 for assignment of the land.

(2.) THERE was a writ petition as O.P. No. 4633 of 1997, filed by the petitioner contending that he is entitled to get assignment of the land in question and praying for the issue of a writ of mandamus to the respondents concerned to assign the land on registry in his favour. That Original Petition was disposed of as per Ext.P7 judgment dated 22.7.1997 holding thus: