LAWS(KER)-2017-3-279

GEORGE Vs. STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, CIVIL STATION, PALAKKAD 678 001 AND OTHERS

Decided On March 09, 2017
GEORGE Appellant
V/S
State Of Kerala, Represented By District Collector, Civil Station, Palakkad 678 001 And Others Respondents

JUDGEMENT

(1.) This second appeal arises out of the concurrent findings by courts below in a suit for mandatory injunction seeking a direction against the defendants to correct the entry in the revenue records so as to make it that plaint schedule property is a dry land. The suit was dismissed by both the courts.

(2.) Heard the learned counsel for the appellant and the learned Government pleader.

(3.) According to the plaint averments, the plaint schedule property was taken on assignment by the plaintiff as per Ext. A(1). It is alledged that at some point of time, mutation was mistakenly effected and an entry was made in the revenue records that the plaint schedule property is a forest land. Therefore the defendants, who are the instrumentalities of State, refused to accept basic tax from the plaintiff.