LAWS(KER)-2019-1-70

VALAKKAVU GRANITE (P) LTD Vs. TAHASILDAR, THRISSUR

Decided On January 18, 2019
Valakkavu Granite (P) Ltd Appellant
V/S
Tahasildar, Thrissur Respondents

JUDGEMENT

(1.) Wp(C).No.18956/2018

(2.) Heard Sri.A.V.Thomas, learned Senior Counsel appearing for the petitioner and the learned Additional Advocate General Sri.Ranjith Thampan.

(3.) The learned Senior Counsel appearing for the petitioner would contend that in Exhibit P10 judgment this Court had considered the factual aspects of the matter and had come to the conclusion that the order of the Tahsildar, Thrissur was a contradictory one. It was found that the suggestion in the order was that Pattayam Nos.LA(P)625/MUM and LA(P).632/MUM were not issued by the Revenue Department and the pattayams were fabricated documents obtained with the assistance of an officer in the Revenue Department. It is therefore contended that further action taken to cancel the said Pattayams was a contradiction and that the order of the Tahsildar could not be legally sustained. However, it was made clear that nothing in the judgment will stand in the way of the official respondents taking action for resumption of the lands in the event of there being material to establish that there were no pattayams or if the pattayams were actually issued to the assignees, the petitioner had caused violation of the terms of the pattayams so issued. It is contended that proceedings thereafter issued and the resumption of the land without reaching a conclusion that the pattayams relied on by the petitioner were fake is completely unsustainable.