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2026 Supreme(Online)(Ker) 14907
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, HARISANKAR V. MENON, JJ
THE LAND REVENUE COMMISSIONER, OFFICE OF THE LAND REVENUE COMMISSIONER,THIRUVANANTHAPURAM – Appellant
Versus
MATHEW JOHN – Respondent
RP NO. 1583 OF 2025 | WA NO.694 OF 2025
For the Appellants/Petitioners: SRI.T.K.SHAJAHAN
For the Respondents: SRI C K PAVITHRAN
Important Points
Subject
Civil Law - Land Law
Act Referred
Headnote
| Table of Content |
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| 1. review of alienation embargo under kerala land assignment rules. (Para 1 , 2) |
| 2. court reaffirms judgment on merits and procedural limits. (Para 3 , 4) |
This Review Petition has been instituted seeking a review of the judgment of this Court dated 20.08.2025, essentially contending that the embargo against alienation would apply for assignment under Rule 6 as well as Rule 7 of the Kerala Land Assignment Rules, 1964 (hereinafter referred to as the ‘Rules’).
2. However, in the judgment sought to be reviewed, this Court has considered the afore issue specifically noticing the provisions of Sub-rule 1A to Rule 8 of the Rules and holding that restriction against alienation is intended to apply only to assignments made under Rule 7 and not Rule 6. This finding was rendered by noticing the difference between Rules 6 and 7. In the case at hand, the assignment is one under Rule 6 for a beneficial enjoyment.
3. In view of the afore, we are of the opinion that no grounds are made out for seeking review of the judgment dated
20.08.2025.
4. The attempt of the petitioners through this Review Petition is essentially to seek a rehearing of the Writ Appeal, which is beyond the scope of a petition presented under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure , 1908. The remedy of the petitioners, if any, lies elsewhere.
Therefore, we find no merit in this Review Petition and the same is dismissed.
Sd/-
