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2022 Supreme(Online)(KER) 8939

HIGH COURT OF KERALA
SATHYENDRANATHAN P.K. – Appellant
Versus
THE STATE OF KERALA – Respondent


JUDGMENT

The petitioner has approached this Court impugning Ext.P17 order issued by the second respondent – Tahsildar asserting that its contents have been recorded without understanding the factual factors in its proper perspective.

2. The petitioner contends that he and his family are in possession of over 65 acres of land and that when he applied for transfer of its Registry in their names, through Ext.P15 representation, after measuring it out, it has been rejected through Ext.P17 saying that he and his family are not in possession of the same and therefore, that the provisions of Section 28 of the Kerala Transfer of Registry Rules will not apply. The petitioner asserts that this finding is completely wrong and that, in any event of the matter, even going by the admitted facts in Ext.P17, he and his family are entitled at least to an extent of 24.15 acres, which will require to be measured out and the benefits thereunder given to them without any further delay.

3. The afore submissions of Sri.Sandeep Abraham, learned counsel appearing for the petitioner, were answered by Sri.Jaffar Khan, learned Senior Government Pleader, saying that the total extent in the survey number in quest

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