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2021 Supreme(Online)(KER) 35850

HIGH COURT OF KERALA
Devan Ramachandran, J
DIVAKARAN – Appellant
Versus
THE DISTRICT COLLECTOR, – Respondent


Advocates:
I.DINESH MENON, L.RAJESH NARAYAN

JUDGMENT

The petitioners have approached this Court impugning Ext.P10 Circular issued by the Government of Kerala, imposing an embargo on Revenue Authorities considering any application for assignment of 'Road Puramboke' and those adjoining 'Public Roads'.

2. The petitioners say that the blanket embargo contained in Ext.P10 is illegal and contrary to the provisions of the Land Assignment Act and therefore, prays that their application, namely Ext.P8, preferred under the said Act, be directed to be considered de hors the aforementioned Circular.

3. Shri.Jaffer Khan, learned Senior Government Pleader appearing for the respondents, submitted that petitioners cannot challenge Ext.P10 since, as is clear therefrom, Government has only directed the Revenue Authorities not to accept applications for assignment of land adjoining a road or 'Road Puramboke', since they are required in future for development. He submitted that, therefore, the petitioners' application, namely Ext.P8, cannot be considered.

4. In reply, Shri.I.Dinesh Menon, learned counsel appearing for the petitioners, submitted that there are several other shops and establishments on the same line of the property which his client

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