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1996 Supreme(Ker) 197

K.SREEDHARAN, C.S.RAJAN
Pushpavally – Appellant
Versus
State – Respondent


Judgment :-

Sreedharan, ag. C. J.

Petitioners in O.P. Nos. 4274/1990 and 6346/1990 are the appellants in these appeals. They challenge Ext. P5 order, G. O. MS. 245/ 90/ RD dated 28.3.1990, whereby the Government assigned three cents of land in R. S. No. 93 of Chevayoor Village, Kozhikode Taluk to the 4th respondent, a freedom fighter. Petitioner in O. P. 4274/1990 owns and possesses a shop building adjacent to the land assigned to the 4th respondent; while petitioner in O. P. 6346/1990 is the owner of a Cinema Theatre situated adjacent to the said land. Main argument advanced by the Petitioners in the Original petitions was that the provisions contained in Rr. 6 and 7 of the Kerala Land Assignment Rules, hereinafter referred to as "the Rules", have not been complied with while passing Ext. P5 order. It is the further case of the petitioners that this land, which is now assigned to the 4th respondent is required by them for the beneficial enjoyment of their properties.

2. 4th respondent, it is not disputed before us, is a freedom fighter. He wanted to construct a memorial in the name of the heroes of the freedom fighters. He also represented to the Government that he is not possessed






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