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2018 Supreme(Ker) 788

ALEXANDER THOMAS
PRADEEPAN, S/O. THANKAPPAN – Appellant
Versus
STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT – Respondent


Advocates Appeared:
For the Petitioners: SRI. G. SREEKUMAR (CHELUR).
For the Respondents: SMT. A.C. VIDHYA, GOVT. PLEADER.

JUDGMENT :

The petitioner is aggrieved by the impugned Ext.P6 order dated 10.10.2018 rendered by the 4th respondent-Village Officer concerned whereby petitioner has been directed to produce an affidavit showing that the persons who use the property in question as right of way had no objection in the petitioner securing record of rights (ROR) in terms of the provisions contained in the Kerala Record of Rights Act, 1968. The prayers in the afore Writ Petition (Civil) are as follows :

(i) To call for the records leading to Ext.P6 and may be pleased to issue a writ of certiorari to quash the same.

(ii) To issue a writ of Mandamus or any other appropriate writ order or direction commanding the fourth respondent to issue ROR for the property as stated in Ext.P6 within stipulated time limits in the interest of justice, and

(iii) To pass any such or further orders as the petitioners may seek and this Hon'ble Court deem fit to grant.”

2. Heard Sri. Sreekumar G. (Chelur), learned counsel appearing for the petitioner, Smt. A.C. Vidhya, learned Government Pleader appearing for the respondents.

3. According to the petitioners, they had originally owned about 36 cents of land covered by Exts.P1 to P3












































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