V GOPALAKRISHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This review petition arises out of the judgment of this Court dated 16.01.2017 in W.A.No.2428 of 2016 in W.P.(C)No.24568 of 2006. The petitioner filed the said writ petition seeking for a writ of certiorari to quash Ext.P6 Government order dated 19.04.2006 in so far as it relates to the finding that the property which is in possession of the petitioner and assigned in the name of his wife Smt.Saraswathi, is included in 2.5 Acres of land in Survey No.575/1 of Sasthamcotta Village. The petitioner has also sought for other consequential reliefs including a writ of certiorari to quash Ext.P9 communication dated 12.07.2006 of the third respondent and a writ of mandamus commanding respondents 1 to 3 to assign 5 cents of land in Survey No.575/1 of Sasthamcotta Village as per Ext.P3 application submitted by the petitioner.

(2.) After considering the rival contentions, the learned Single Judge by judgment dated 19.09.2016 dismissed W.P.(C)No.24568 of 2006 holding that, that the Panchayat cannot initiate any proceedings against the petitioner for eviction or otherwise with respect to the land, by reason of the judgment and decree of the Civil Court and the decision of the Government; but, however, reserving the right of the Government to take such proceedings subject, however, to the contentions taken up by the petitioner before the authorities. The learned Single Judge held further that, the claim of beneficial enjoyment cannot be sustained on the application of the petitioner since the earlier assignment of 2 cents is in his wife's name. The family of the petitioner having been assigned a land there can be no further assignment claimed under the Kerala Land Assignment Act of 1960 and the Kerala Land Assignment Rules, 1964 on the basis of an encroachment made of properties adjacent to that assigned. The relevant paragraphs of the judgment of the learned Single Judge read thus;

(3.) Challenging the judgment of the learned Single Judge, the petitioner filed W.A.No.2428 of 2016. The said writ appeal ended in dismissal by the judgment dated 16.01.2017.