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2013 Supreme(Ker) 126

MANJULA CHELLUR, K.VINOD CHANDRAN
R. Natarajan – Appellant
Versus
Village Officer Kanayannur Taluk Cochin – Respondent


Advocates Appeared:
For the Appellant:P.B. Sahasranaman, K. Jagadeesh, T.S. Harikumar, Advocates.
For the Respondents:R1 to R3, Mrs. Girija Gopal, R4, N. Nandakumara Menon, Advocates, Jibu P. Thomas, Standing Counsel, P.K. Soyuz, SC, Cochin Corporation.

Judgment :

K. Vinod Chandran, J.

1. The appellant is aggrieved by the dismissal of the writ petition and the subsequent review, by the learned Single Judge. Essentially the appellant, on the basis of a settlement deed executed by his father, sought to resile from the surrender of certain lands by the father for the development of a road; with an eye on the compensation that he would get if the local authority was forced into acquiring such land; which is apparently necessary and crucial for the development of the Thammanam - Pullepady road.

2. The appellant approached this Court without even the local authority in the party array by a writ petition; in which he sought for a mandamus commanding the 1st respondent, Village Officer, to effect mutation of the property covered as per Exhibit P2 document and for acceptance of land tax. The appellant claimed in the writ petition that 2.08 ares of land in survey No.478/1 of Elamkulam Village, in the exclusive ownership and enjoyment of his father and which was comprised in 2.28 ares surrendered by his father for the development of Thammanam - Pullepady road, was settled in his favour by virtue of Exhibit P2 deed, executed by his father. The





























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