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2025 Supreme(Online)(Ker) 58480

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
MALINGA MANIYANI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.VIMAL VIJAY, SHRI.K.JAYESH MOHANKUMAR, SRI.PUSHPARAJAN KODOTH, SMT.VANDANA MENON
For the Respondents: SHRI.P.B.KRISHNAN (SR.), SRI.P.M.NEELAKANDAN, SRI.SABU GEORGE, SRI.P.B.SUBRAMANYAN

J U D G M E N T

The writ petitioner impugns the proceedings initiated by the respondents for cancellation of assignment of land in favour of one M.P. Balakrishnan, from whom the writ petitioner has purchased the same.

2. The brief facts necessary for the disposal of the writ petition are as follows:-

The petitioner claims that he purchased the entire extent covered by a patta dated 21.07.1987 issued by the Special Tahisildar (LA) in favour of M.P.Balakrishnan. Shri.M.P.Balakrishnan assigned the aforesaid extent by a sale deed No.1542/1991 dated 23.07.1991. Thereafter, the petitioner was in possession of the property and he is paying the land tax. The 5th respondent had objected to the petitioners entry into the property for collecting the usufructs therein on the assertion that they are in possession of the plaint schedule property. The assignment of land in favour of M.P.Balakrishnan was questioned by the 5th respondents mother Kunhamma in A.A No.84/1988 before the Revenue Divisional Officer (RDO), Kasaragod and as per order dated 31.10.1998 assignment was cancelled. The original assignment in favour of Shri.M.P.Balakrishnan was cancelled on the ground of violation of Rule 8(2) of t

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