IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
K. SAMUEL – Appellant
Versus
STATE OF KERALA – Respondent
JUDGMENT
The petitioner is stated to be the owner in enjoyment and possession of 2.2 Ares of property in re-Survey No.113/4-3 of Block No.6 of Kareepra Village, Kottarakkara Taluk. An extent of 6.07 Ares in re-Survey No.113/3 is lying adjacent to the property of the petitioner, referred to above. The petitioner’s house is admittedly situated in the property in re-survey No.113/3, referred to above. Since the residential building of the petitioner is, so situated in the afore property, which is recorded as ‘Revenue Tharisu’, he sought for assignment of the afore land under the provisions of the Kerala Government Land Assignment Act, 1960 (hereinafter referred to as the ‘Act’). However, by Ext.P5 dated 08.05.2019, the 4th respondent sought to reject the request for assignment, essentially on account of the fact that the afore property is lying adjacent to the PWD Road. The subsequent attempt made by the petitioner for assignment through the Revenue Divisional Officer was also rejected pursuant to the proceedings at Ext.P6 dated 17.01.2020, mainly placing reliance on a circular dated 30.09.2009, issued by the Government. It is seeking to challenge Exts.P5 and P6 issued as above, tha
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