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2014 Supreme(Ker) 437

MANJULA CHELLUR, A.M.SHAFFIQUE
K. P. C. Properties represented by its Managing Partner Jerald Jacob – Appellant
Versus
State of Kerala, represented by The Chief Secretary – Respondent


Advocates appeared:
For the Petitioners:K. Jayakumar, P.B. Krishnan, Advocates.
For the Respondents: Susheela R. Bhatt, Spl. Government Pleader.

Judgment :

Shaffique, J.

1. An order dated 23/06/2007 issued by the Government cancelling the pattayam issued in favour of 9 assignees and thereby extinguishing the rights of the present holders over the said lands are challenged in these writ petitions and hence decided together. For convenience the parties and documents are referred to as shown in W.P.C.No.20075 of 2007, unless otherwise stated. Ext.P37 is the impugned order. Apart from cancelling the pattas, it is further declared that the constructions in the said lands are illegal and unauthorised and holders were granted time to remove the construction and the materials from the site.

2. The facts involved in W.P.C.No.20075 of 2007 would disclose that the 1st petitioner claimed ownership and possession in respect of 12.83 acres of land in R.S.Nos.164/2, 166/2 and 167/3 (Old Survey No.435/Pt) of Anaviratty village. According to the petitioners, the said properties were assigned by the Government in favour of six persons by exercising the power under the Kerala Land Assignment Act, 1960 (hereinafter referred to as 'KLA Act') and the Kerala Land Assignment Rules, 1964 (hereinafter referred to as 'KLA Rules) and pattas were issu






































































































































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