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2020 Supreme(Ker) 979

A.MUHAMED MUSTAQUE
Kunhali – Appellant
Versus
Zahsildar Kozhikode – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B. Krishnan (Adv.), R Parthasarathy (Adv.)
For the Respondent: Y Jaffar Khan (Adv.)

JUDGMENT :

In this writ petition, the petitioner questions the validity of the proceedings initiated under the Kerala Land Conservancy Act, 1957 (for short 'the Act') to evict him from the land comprised in R.Sy.No.72 of Nadapuram Village in Vatakara Taluk. The extent of the land involved is 6.58 cents.

2. The proceedings were initiated on the premise that the land in question is part of a thodu puramboke which is vested with the local Panchayat. The Tahsildar (LR) initiated proceedings. The petitioner exhausted all remedy. In these proceedings, initiated for a judicial review, the petitioner seeks to challenge the proceedings on two grounds. One is referring to the settled possession of the land and the second is on the ground that the Tahsildar (LR) has no authority or power to initiate the proceedings in respect of the land vested with the local Panchayat.

3. Heard the learned Counsel for the petitioner and the learned Government Pleader.

4. Point No.1: The petitioner refers to Ext.P2 partition deed. The petitioner states that the title of the land in question is traceable to a partition deed executed in the year 1958. The petitioner states that the land was allotted to his family.

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