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2021 Supreme(Ker) 8

S. MANIKUMAR, SHAJI P. CHALY
Kunhali – Appellant
Versus
Tahsildar, Land Records, Vatakara – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.T.Krishnanunni (Sr.), Smt.Meena.A., Sri.Vinod Ravindranath, Sri.K.C.Kiran, Smt.M.R.Mini, Sri.M.Devesh, Sri.Ashwin Sathyanath, Shri Anish Antony Anathazhath, Shri Thareeq Anver, Advs.
For the Respondent:Sri.Ranjith Thampan, Addl.Advocate General, Sri.Y.Jaffar Khan, Govt. Pleader

JUDGMENT :

S. Manikumar, J.

This intra court appeal is filed against the judgment passed by a learned single Judge of this Court in W.P.(C) No.1051 of 2020 dated 29.06.2020, by which, the writ petition was dismissed, by observing that there is no scope for interference with the proceedings impugned therein; that if the civil suit is pending, the petitioner is free to seek any relief against the property; and that the parties are bound by the orders to be passed by the civil court in that regard.

2. Facts leading to the filing of instant appeal are that by Exhibit-P1 proceedings of the Tahsildar (Land Survey) dated 28.04.2018, issued under Section 12 of the Kerala Land Conservancy Act, 1957, appellant/writ petitioner, who was in unlawful possession of 6.58 cents of land in R.S. No.72 of Nadapuram Village, was directed to vacate the said land, alleging that it is the property of Government, under Section 3 of the Kerala Land Conservancy Act, 1957. Relying on Exhibit-P2 partition deed of the year 1958, in which the property was stated to be allotted to his father, appellant denied the allegation that he is in unlawful possession of the said property. Apart from Exhibit-P2 deed, he has al

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