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2010 Supreme(Ker) 289

T.R.RAMACHANDRAN NAIR
P. R. Bhaskaran, Thrikkathara Parambu – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:For the Petitioner:Devan Ramachandran, P.B. Sahasranaman, K.M. Aneesh, K. Santhosh Kumar (Kaliyanam), Advocates. For the Respondent: K. Ramesh, Government Pleader.

Judgment :

These two writ petitions raise a common question and are therefore disposed of by a common judgment.

2. Mainly it is concerned with the interpretation of the Kerala Land Assignment Amendment Rules, 2009 whereby certain Rules including Rule 8 have been amended.

3. The petitioner in W.P.(C) No.33434/2009 obtained patta as per Ext.P1 for an extent of 4.50 cents of land in Sy. No.72/12 of Thiruvankulam Village. The same was granted under the Kerala Land Assignment Rules 1964 (hereinafter referred to as 'the Rules'). He is residing in the said plot after constructing a small house. For the purpose of raising money for the marriage of one of the daughters and for educational needs of the second daughter, the petitioner decided to sell the property which is evidenced by Ext.P2 agreement for sale. In the light of the amended Rule 8, the authorities raised an objection regarding the registration of the sale deed and it is in these circumstances, he has filed this writ petition. It is contended that the amendment will not apply to the patta granted to the property of the petitioner.

4. In W.P.(C) No.36240/2009, the petitioner is the owner and in possession of 1.61 ares of land in S


























































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