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1986 Supreme(Ker) 67

MALIMATH, SUKUMARAN
STATE OF KERALA – Appellant
Versus
VENMONEY PANCHAYAT – Respondent


Judgment :-

1. This appeal is by the State Government and the Tahsildar, Chengannur, challenging the order made by the learned Single Judge in O.P. No. 2795 of 1979. The 2nd respondent made an application to the State Government for assignment of 25 cents of land, which is part of the water course of Achankovil river within the jurisdiction of Venmoney Panchayat. The State Government remitted that application to the Tahsildar, Chengannur. The Tahsildar, Chengannur, notified the application of the 2nd respondent and called for objections. It is in this background that the Ist respondent-Panchayat presented O.P. No. 2795 of 1979 praying for a declaration that the entire land comprised in Sy. No. 375/1A of Venmoney Village, having been vested in the said Panchayat under S.82 of the Kerala Panchayats Act, 1960 (hereinafter referred to as the Act), no part of the said land is liable for assignment under the provisions of the Kerala Land Assignment Act and the Rules made thereunder and for consequential reliefs. It is not disputed that the land in Sy. No. 375/1A of Venmoney Panchayat is part of Achankovil river which flows through more than one Panchayat area. The case of the first respo












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