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2004 Supreme(SC) 993

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
QUILON DISTT. WHOLESALE COOP. C. STORES LTD. – Appellant
Versus
State Of Kerala – Respondent


ORDER

1. The controversy in these appeals relates to the assignment of 28 cents of puramboke land in Survey No. 8710 of Quilon village. The appellant and the fourth respondent sought for assignment of the land in question. The State Government thought it fit to assign it in favour of the fourth respondent. The appellant, aggrieved by the assignment of the land made in favour of the fourth respondent, approached the High Court by filing a writ petition. The Division Bench of the High Court dismissed the writ petition by its order dated 2-8-1995 observing that the appellant had not been able to show that the assignment was in contravention of any of the provisions of law. The Division Bench also stated, in the impugned order, that under Rule 24 of the Kerala Land Assignment Rules, 1964, it was open to the State Government to assign the land, notwithstanding anything contained in the said Rules, if it considers it necessary to do so in public interest. The appellant filed review petition seeking review of the order dated 2-8-1995. The Division Bench ofthe High Court dismissed the review petition also stating clearly that the appellant had not been able to show that the assignment was




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