Kuthakapattom Rules, 1947 were framed by the State
superseding all existing rules. Rule 26(b)(iii) of the 1947 Rules
provides as follows ... Form D. Form D contains conditions of kuthakapattom. Condition
No.9 of the kuthakapattom rules relates to the cancellation of lese
which
Kuthakapattom Rules.
8. There is a distinction between Rule 8(iii) and 8(iv) of the
Kuthakapattom Rules. Rule 8(iii) applies in respect ... leases for definite periods, Rule 8(iii) is read in the light of Rule 8
(iv), the purport of Rule 8(iii) would indicate that
Kuthakapattom Rules shall issue notices to the petitioners in accordance with such Rules, if the Kuthakapattom in favour of the petitioners have to be cancelled ... notice the Kuthakapattom Rules, 1947 (hereinafter referred to as the "Rules"). R.26(iii) of the Rules states that;
"it shall
year 1942,
the relevant rules governing the kuthakapattom was the
kuthakapattom Rules, 1935 framed under Section 7 of
Regulation III of 1097 of the Travancore ... public purposes. These rules were superseded by the
subsequent rules framed in 1947 and Rule 26(b)(iii) of those
rules provided for termination
Land
Assignment Rules, 1964 apply to a kuthakapattom
lease for revising kuthakapattom rent under the
Travancore Kuthakapattom Rules, 1947 ?
3) Whether the Courts below have ... kuthakapattom lease.
It was argued that the kuthakapattom could be enhanced only as
provided under the Travancore Kuthakapattom Rules, 1947 and
G.O.(MS)1025
sale deed and the property leased out to him under the
Kuthakapattom Rules.
2. The 1st petitioner died during the pendency of
the writ petition ... land leased
out on Kuthakapattom for agricultural purposes and let
out the same for rent in violation of kuthakapattom rules;
statement further proceeds saying that
Rules for the assignment of Government lands. General Provisions 1. Short title and commencement.
- These rules shall be called "the Kerala Land Assignment Rules ... assignment of Government lands under any special rules other than Kuthakapattom Rules of 1947 whether already made or to bemade in respect of lands reserved
municipal areas.
The Government has issued the Rules for Assignment of
Land within Municipal and Corporation Areas Rules, 1995 in
exercise of the powers conferred ... 38012 of 2003
-:16:-
special rules other than Kuthakapattom Rules of 1947
whether already made or to be made in respect of
lands reserved
Section 1A in Kerala Land Assignment Rules, 1964
1A. Exemption.
- Nothing contained in these rules shall apply to or affect,- (i) lands situated within ... assignment of Government lands under any special rules other than Kuthakapattom Rules of 1947 whether already made or to bemade in respect of lands reserved
completion of the proceedings for issue of patta under the
1935 Rules, the registry is terminable on alienation without permission
and since the original assignee ... husband
obtained assignment of the land from the Government as per
Kuthakapattom Rules. That document also expressly states that
Mariamma had absolute rights over
