1. This writ petition was filed challenging the cancellation of the registry of assigned land under the Kerala Land Assignment Rules, 1964 (the “Rules” for short).

2. The Sub Collector Devikulam by proceedings dated 3.7.2007 ordered cancellation of the registry and assignment on finding that the land assigned for cultivation is found used for commercial purposes for running a resort. This order was impugned in appeal before the Land Revenue Commissioner. The Land Revenue Commissioner also affirmed the order of the Sub Collector, cancelling the assignment. These orders are impugned in the writ petition.

3. Heard the learned Senior Counsel Shri Jayakumar and learned Counsel Shri Gilbert George Correya appearing for the petitioner, learned Additional Advocate General, Shri Ranjith Thamban, learned State Attorney Shri K.V.Sohan ably assisted by the learned Government Pleader Shri K.J.Mohd.Anzar.

4. The petitioner M/s.Mahindra Holidays India Resort Limited is running a resort in Chinnakkanal Village in Survey No.20/1 in land having an extent of 9.16 acres. The petitioner obtained this land from Shri J.Thavamani and Shri Varkey Antony. Thavamani obtained an assignment of 2.61 acre