Damodharan vs Tahsildar on 29 July, 2009

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Kerala High Court

Damodharan vs Tahsildar on 29 July, 2009

Bench: C.N.Ramachandran Nair

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP.No. 23671 of 2002(R)


1. DAMODHARAN, S/O. SANKARAN,
                      ...  Petitioner

                        Vs



1. TAHSILDAR, KARUNAGAPALLY TALUK,
                       ...       Respondent

2. THE STATE OF KERALA, REPRESENTED BY

                For Petitioner  :SRI.A.ANTONY

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :29/07/2009

 O R D E R
                       C.N.RAMACHANDRAN NAIR, J.
                  ....................................................................
                                O.P. No.23671 of 2002
                  ....................................................................
                     Dated this the 29th day of July, 2009.

                                         JUDGMENT

The petitioner is challenging Ext.P4 issued by the Tahsildar cancelling the Kuthakappattom granted to the petitioner in 1960 based on Ext.P5 judgment which does not pertain to the petitioner. In fact, the purpose of the judgment is to prevent encroachment and assignment of river puramboke, kayal puramboke etc. However, the court has not considered the case of kuthakappattom land assigned to anybody. Kuthakappattom granted to the petitioner cannot be cancelled based on Ext.P5 judgment. However, if there is any independent ground such as violation of terms of kuthakappattom lease or failure to pay arrears, the Tahsildar is free to cancel the Kuthakappattom and to take appropriate action after issuing notice The O.P. is therefore disposed of directing the Tahsildar to consider the matter and if petitioner is entitled to continue under the Kuthakappattom Rules, he can only recover the arrears of rent.

C.N.RAMACHANDRAN NAIR Judge pms

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