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2022 Supreme(Ker) 238

S.MANIKUMAR, SHAJI P.CHALY
Revenue Divisional Officer/Sub Collector, Revenue Divisional Office, Mini Civil Station, Kottayam – Appellant
Versus
Aswath Kumar Shenoy, S/o. Narayana Shenoy – Respondent


Advocates Appeared:
For the Appellant :Sri. Ranjith Thampan, Addl. Advocate General.
For the Respondent: Sri. P.K. Soyuz.

JUDGMENT :

S. Manikumar, J.

Being aggrieved by the judgment in W.P.(C) No.13321 of 2020 dated 7th July, 2020 and a common judgment dated 29th June, 2020 in W.P.(C) Nos.12744 & 12721 of 2020, instant appeals are filed. The issues raised in the instant appeals are common in nature, and therefore, we propose to pass a common judgment.

2. The followings were the reliefs sought for in the writ petitions:

W.P.(C) No.13321 of 2020

    (i) Issue a writ of certiorari or any appropriate writ, order or direction calling for the records leading to Ext.P4 and quash the same.

(ii) Declare that the 1st respondent has no right or authority to demand the increased fair value of a neighbouring land of the petitioner, as per section 27A(3) of Act 29 of 2018.

(iii) Issue a writ of mandamus or any appropriate writ, order or direction directing the 1st respondent to issue final orders as per section 27 A(2) of Act 29 of 2018 and grant permission to utilize of 14.04 Ares (34.69 cents) of land comprised in Re.Sy Nos.128/15-4, 128/28-2, in Block No.25 of Perumbayikkadu Village, Kottayam Taluk for other purposes including construction of building after accepting the fees on the basis of the fair value of petitioner's

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