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S. MANIKUMAR, SHAJI P. CHALY
Kunhali – Appellant
Versus
Tahsildar, Land Records, Vatakara – Respondent
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
Important points:In exercise of the powers conferred by Section 7 of the Kerala Land Assignment Act, 1960 (Act 30 of 1960), and in supersession of the rules for assignment of Government lands issued ....
The court held that the Corporation of Kozhikode's decision to sell a portion of the property acquired for public road to respondents 3 to 5 was not tainted with malafides and was in accordance with ....
Public authorities are bound by promises made under policies causing reliance in citizens, and arbitrary retraction of these commitments violates constitutional principles.
Judicial review under Article 226 is limited to ensuring procedural legality without adjudicating disputed facts, emphasizing that title issues belong in civil courts.
The State Government does not have the power to review its own orders unless such power is specifically conferred by statute. The State Government cannot exercise its power of review after a long del....
Limited scope of review applications and the need for compliance with government policies and regulations regarding encroachments on government land.
The duty of the government to protect and improve the natural environment, including water bodies, and the need to restore the land to its original position to serve as a water source for the people.
Supreme Court has further struck a note of caution that though Courts are generally not entitled to go behind declaration of Government to effect that acquisition is for "public purpose", an exercise....
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