SUKUMARAN P M Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner was assigned 1.25 cents of land vide Ext. P1 dated 28/02/1980 under the Wayanad Colonization Scheme Rules, 1969. The said Rules have been framed under S.3 of the Kerala Land Assignment Act. Thereafter, the petitioner after 17 years, received Ext. P2 notice as to why the assignment should not be cancelled. He submitted his version. But, by Ext. P3, the District Collector cancelled the assignment on the ground that the petitioner failed in remitting the basic tax and it was remitted only on 20/01/1992 and that the petitioner is not in possession of the land from 28/02/1980 to 20/01/1992. Petitioner preferred Ext. P4 revision which came to be dismissed by Ext. P5. Ext. P6 review was also unsuccessful. Petitioner challenges Exts. P3, P5 and P7 and seeks a declaration that the assignment cannot be cancelled.

(2.) A Counter Affidavit has been filed, wherein, it is stated, inter alia, as follows:

(3.) Heard the learned counsel for the petitioner and the learned Government Pleader.