SUHARA Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.P.B.Krishnan, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) The petitioners are the legal heirs of late Kollengodan Muhammed Haji, who was said to be in possession and enjoyment of 11.80 Acres of landed property in survey Nos.1044/2 and 1044/4 of Muttil North Village, Vythiri Taluk, Wayanad Revenue District, for several decades, by registered document No.660/1958 dated 14.03.1958 of SRO, Vythiri. The said land was allotted to the abovesaid late Kollengodan Muhammed Haji, by way of a gift from his father and the right of the father of the Kollengodan Muhammed Haji in turn is with reference to registered document No.2286/1938, it is averred. That Kollengodan Muhammed Haji was in exclusive possession and enjoyment of the properties from 1958 onwards and he had got the property duly registered as a coffee estate under Section 14 of the Coffee Market Expansion Act, 1952. Later, the father of the petitioners had died on 14.07.1976. It is thereafter that the competent authority of the 1 st respondent-State Government had issued Ext.P-1 G.O(MS)No.626/98/REV dated 19.12.1998, whereby from out of the said total extent of 11.80 Acres of property in survey Nos.1044/2 and 1044/04, the Government had ordered the assignment of lands, having an extent of 2.15 Acres to the 5th petitioner (Smt.Ramla), 4.00 Acres to the 1st petitioner (Smt.Suhara), 2.15 Acres to the 2 nd petitioner (Sulekha), 2.15 Acres to the 3rd petitioner (Nafeesa) and the balance 1.33 Acres to the