KERALA BRAHMANA SABHA Vs. VAMANA PRABHU

JUDGEMENT

(1.) Heard Sri. Adarsh Kumar, the learned counsel appearing for the appellant. The respondents 1-3 are represented by the learned counsel Smt. T. Josephine. Respondent Nos. 8 and 9 are represented by the learned counsel Sri. T.M. Chandran. The State authorities are represented by the learned Government Pleader Sri. Tek Chand.

(2.) This Appeal is filed by the Kerala Brahmana Sabha, who were the 5th respondent in the W.P(C). No. 28780/2011. They are aggrieved by the judgment dated 20.6.2014, whereby, the challenge in the Writ Petition to the order dated 30.9.2011 [Ext. P10] was sustained by the Court, by declaring that the road poramboke land was illegally assigned to the 5th respondent in violation of the Kerala Land Assignment Act and the Rules framed thereunder. The contention to the contrary that the assignment was granted in larger public interest was rejected inasmuch as the benefit of assignment was granted on the basis of a tailor-made report secured from the Village Officer, Ernakulam, which suppressed several material facts including the blocking of ingress and egress and the institutions functioning on either side of the property. The report of the Advocate. Commissioner was also relied upon to grant relief to the aggrieved challengers.

(3.) The assigned land measures 4.41 ares in Sy. No. 1573 of Ernakulam Village, and is a prime asset near the Court building and the Siva Temple; The space is categorized as "road poramboke" in the revenue records. When the Ext. P10 assignment order was issued in favour of the respondent No. 5, the writ petitioners, inter alia, claimed obstruction of access to their work places. They also contended that undue benefit was conferred to the applicant, by overlooking the mandatory provisions of the Kerala Land Assignment Act and the Rules.