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2020 Supreme(Ker) 878

S. MANIKUMAR, SHAJI P. CHALY
Prabhakara Kammath – Appellant
Versus
Tahasildar, Devikulam Taluk – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri.K.Reghu Kottappuram, Adv.
For the Respondent: Sri.Y.Jaffer Khan, GP

JUDGMENT :

S. Manikumar, J.

Challenging the judgment dated 25.09.2020 in W.P.(C) No.9400 of 2010, instant writ appeal is filed.

2. Short facts leading to the filing of the writ petition are that the petitioner/appellant purchased 17.51 acres of land covered by 7 Land Assignment files from the original assignees of 1993 registering sale deeds in the office of the Sub Registrar upon payment of sale consideration. The landed properties and the title to the same were genuine and undisputed, as evidenced by mutation of the land in the name of the petitioner, indicated by Exhibit P1. The land in question was occupied by the original assignees prior to the assignment, as evidenced by the indication of coffee cultivation.

3. According to the appellant, the Revenue Divisional Officer passed Exhibit P2 order illegally, canceling the said pattas, alleging that the assigned land was CHR land, that the land was obtained fraudulently, misrepresenting fact, and the land was alienated to the petitioner. The petitioner challenged Exhibit P2 order by preferring Exhibit P3 appeal before the Distric

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