IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 7377 of 2010(V) ------------------------------------- PETITIONER: ------------------- MANIKANDAN,S/O.DHARMA PANDI,AGED 35 YEARS, NAYAMAKADAVU EAST,MUNNAR.P.O. BY ADVS. MR.N.M.VARGHESE, MR.ROY THOMAS RESPONDENTS: ------------------------ 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY,REVENUE(A)DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,IDUKKI DISTRICT, IDUKKI. 3. TAHSILDAR,DEVIKULAM TALUK,TALUK OFFICE, DEVIKULAM,IDUKKI DISTRICT. 4. THE SUPERINTENDENT OF SURVEY AND LAND RECORDS,ALC,DEVIKULAM. R1 TO R4 BY SPL. GOVT. PLEADER MR. M.P. SREEKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7377 OF 2010 --------------------------------------- Dated this the 12th day of March, 2010. J U D G M E N T The petitioner claims assignment of 4 cents of land in Devikulam Taluk. It is submitted that the family of the petitioner has 4 cents of property comprised in Survey No.62/9 of Kannan Devan Hills Village. The said property was obtained by the father of the petitioner and presently, the same is being enjoyed by the petitioner and his family consisting of his wife and two school going children. 2. Exhibit P1 is the photocopy of certificate of possession issued by the Village Officer, Kannan Devan Hills Village. According to the petitioner, the same was obtained for getting the grant for construction of house. Exhibit P2 is the copy of the ration card and Exhibit P3 is the photocopy of the electoral identity card. Exhibit P4 is the Government Order dated 20.11.2008 as per which the policy of the Government is to distribute 1662 acres of land in Munnar area to landless W.P.(C) No.7377/2010 2 scheduled tribes/scheduled castes/estate workers community. Item No.4 in Exhibit P4 consists of the area where the petitioner resides and according to which the proposed assignment is of 4 cents each. The petitioner is seeking the benefit of the said Government Order. 3. Presently, the petitioner has filed an application as per Exhibit P7 before the 2nd respondent. All that the petitioner seeks is for a direction to the 2nd respondent to take a decision on Exhibit P7 in accordance with the Scheme framed by the Government and after considering various aspects pointed out by the petitioner in the writ petition. 4. Heard the learned Government Pleader appearing for the respondents. Whether the petitioner is entitled for assignment as sought for is a matter which has to be considered by the 2nd respondent. The same will be done in accordance with the Scheme framed by the Government and in accordance with other Government Orders in force and the Statutory Rules. Therefore, there will be a direction to the 2nd respondent to consider Exhibit P7, conduct due enquiries in the matter and take W.P.(C) No.7377/2010 3 appropriate decision within a period of two months from the date of receipt of a copy of this judgment. Learned counsel for the petitioner submitted that till action is finalised, no coercive action may be initiated against the petitioner. Regarding the said prayer, in case of any eventuality the petitioner can move for any interlocutory order before the District Collector before whom the application is pending. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp