M JAYANTHI Vs. SURENDRA MANJESWAR

JUDGEMENT

(1.) Petitioner challenges Exts. P11, P14 and P17 orders which are referable to the provisions of the Kerala Land Conservancy Act, 1957, hereinafter referred to as the "Conservancy Act", the Kerala Land Conservancy Rules, 1958, hereinafter referred to as the "Conservancy Rules", the Kerala Government Land Assignment Act, 1960, "the Assignment Act", for short, and the Kerala Land Assignment Rules, 1964, "the Assignment Rules, for short.

(2.) Petitioner is the daughter of the sister of respondents 1 and 5 and thus, the granddaughter of Panchi and Korapaly.

(3.) 47 cents in R.S. 87/9 and 20 cents in R.S. 87/8 of Manjeswar Village were assigned to Panchi and his wife Korapaly in 1936. As they failed to pay land tax due on the land, the assignment was cancelled in 1937. No documents were there to show that the above cancellation of the assignment was with notice to them or that the cancellation was known to the assignees. On 20-4-1959, the assignees filed application for the insurance of permanent Patta. By letter dated 15-5-1959, Panchi, the applicant, was directed to file an application in the prescribed form stating that "the petitioner is informed that claim for patta land will be considered on the application received in the prescribed manner". Accordingly, an application in the prescribed form was filed before the Tahsildar, Kasargod on 18-5-1959. No documents were there to show that the said application was considered or that any action was taken on that application.