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2021 Supreme(Online)(KER) 16344

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
JAYAKUMAR MENON – Appellant
Versus
REVENUE DIVISIONAL OFFICER – Respondent


Advocates:
SRI.C.A.JOY, SMT. MABLE C. KURIAN

JUDGMENT

The Tahsildar, Hosdurg Taluk, the 2nd respondent herein, invoked powers under Rule 8(2) of the Land Assignment Rules, 1964 (‘the Rules’ for short) and cancelled the registry of a piece of land purchased by the petitioner on the strength of Ext.P1 sale deed vide No.3119/2011 of the Hosdurg SRO. The assignment was cancelled on the ground that the original assignee or his successor-in-interest had never put up residence or had cultivated the property within the statutory period of one year from the date of assignment.

2. The petitioner states that the property was originally assigned to a certain K.Mohanan on 29.7.1988 by order issued by the Special Tahsildar (LA) Hosdurg and patta was issued to him under Rule 9 of the Rules. The original assignee had assigned the property to Sri. O.M.Alexander by a sale deed executed in the year 2011. It was from the aforesaid O.M.Alexander that the petitioner had purchased the property in the year 2011. Thereafter, he has remitted tax in his name and has effected mutation as is evident from Ext.P3. The petitioner states that the 2nd respondent initiated proceedings under Rule 8(2) of the Rules and proceeded to cancel the registry without not

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