The Hindu : Kerala / Kochi News : Division Bench declines to stay judge's order on MLA's plea

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Thursday, Jun 23, 2011
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Division Bench declines to stay judge's order on MLA's plea

Special Correspondent

Kochi: A Division Bench of the Kerala High Court, on Wednesday, declined to stay a single judge's order refusing a plea by M.V. Sreyamskumar, MLA, to issue a directive to the State government to assign him 16.75 acres of land in Wayanad district .

The Bench, comprising Chief Justice J. Chelameswar and Justice Antony Dominic, declined to stay the order when an appeal filed by Mr. Sreyamskumar came up for hearing.

The court also admitted the appeal and issued notice to the State government and other respondent.

In his appeal, Mr. Sreyamskumar said the single's order was erroneous. The single judge's order came on a writ petition filed by Mr. Sreyamskumar.

The single judge had held that as the government had rejected his claim over the land, he was not entitled to get the land assigned in his name.

The court also ordered that the petitioner who was an MLA should set an example by surrendering the land possessed by him.

The single judge had ordered that if he did not surrender the land in a month, the government could take over the land in his possession and distribute it to landless members of the Scheduled Tribes.

The court also ordered that a compliance report be filed before it.

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