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2018 Supreme(Online)(KER) 62785

HIGH COURT OF KERALA
ANU SIVARAMAN, J
PRAKASH – Appellant
Versus
GOVERNMENT OF KERALA – Respondent


Advocates:
SRI.A.X.VARGHESE, SRI.A.V.JOJO, SRI B.VINOD

J U D G M E N T

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The petitioner has approached this Court with the following prayers:-

i) Call for the records pertaining to Exhibit P-5 and quash the same by issuing a Writ of Certiorari; ii) Issue a Writ of Mandamus or appropriate writ, order or direction, directing the 4th respondent to issue Record of Right (ROR) to the petitioner for the property covered by Exhibit P-1 within a time frame manner;

iii) Issue a Writ of Mandamus or appropriate writ, order or direction, directing the respondents to make the land covered by Exhibit P-1 sale deed as heritable and alienable in its official records;

2. Heard learned counsel for the petitioner and the learned Government Pleader appearing for the Revenue Department.

3. It is submitted by the learned counsel for the petitioner that the issue raised by the petitioner is covered by Ext.P6 judgment of this Court, wherein the condition contained in a patta to the effect that the land shall not be alienated for a period of ten years was found to be unsustainable in view of Rule 8 of the Kerala Government Assignment Rules, which was amended on 30.09.2014 by way of substitution. Ext.P6 judgment holds that the amendment which is bro

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