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2022 Supreme(Online)(KER) 7909

HIGH COURT OF KERALA
Devan Ramachandran, J
KALIYANI – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
BIJU .C. ABRAHAM 2) SHIBU.K.C,3) THOMAS MATHEW,4) RINU THOMAS,5) MANOJ KUMAR, ADVOCATE GENERAL OFFICE KERALA, SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()2) THE DISTRICT COLLECTORAdvocate

JUDGMENT

The petitioners assert that they have been in occupation of the lands involved in this case for the last several years and therefore, that they preferred an application for 'Patta' under the Kerala Land Assignment (Regularization of Occupations of Forest Lands prior to 01.01.1977) Special Rules, 1993 (hereinafter referred to as 'the Rules' for short). They allege that even though the application was made much earlier, no action has been taken on it until now, though the property in question is one which is assignable under the “Rules”, because the crop conversion was done prior to 01.01.1977.

2. The petitioners assert that the documents on record would limpidly establish that such conversion was done prior to the afore date and thus pray that competent Authority be directed to take up their application and grant them the eligible 'Patta' without any further delay.

3. The afore submissions of Sri.Biju C.Abraham - learned counsel for the petitioners, were answered by the learned Senior Government Pleader - Sri.Jaffar Khan, arguing that the assertion of conversion of the crop prior to 01.01.1977 is a question of fact, which will have to be assessed based on the Resurvey Fair La

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