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2005 Supreme(Ker) 257

K.S.RADHAKRISHNAN, S.SIRI JAGAN
M. Far Hotels Ltd. – Appellant
Versus
Union of India – Respondent


Judgment :-

K.S. Radhakrishnan, Ag.C.J.

Possession is nine points of the law is a precept. Every Claimant must succeed by strength of his own title not be weakness of the antagonist. Rightful owner cannot use force to put the person in possession out, but appeal to law; lest it may encourage lawlessness in the society.

2. Writ petitioners are aggrieved by an order G.O. (P) No.302/2004/RD dated 25.9.2004 issued by the Government of Kerala directing the District Collector to repossess from the writ petitioners the Kovalam Palace and the land appurtenant thereto measuring 4.13.30 hectares in Vizhinjam Village. The order was served on the first petitioner at 6.45. p.m. on 25.9.2004 (Saturday) directing the petitioner to deliver possession by 10 a.m. on (Monday) 27th September, 2004. Petitioners then filed W.P.(C) No.28270 of 2004 on 27.9.2004 itself and highlighted the urgency of the matter before the Hon’ble Chief Justice and got the matter posted on 28.9.2004. On a request made by the State the matter was posted at 1.45 p.m. Learned Single Judge ordered that the takeover of the Kogalam Hotel Complex covered by Ext.P13 would be subject to the result of the Writ Petition. Aggrieved by th
























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