IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 WP(C).No. 29926 of 2005(K) -------------------------- PETITIONER: --------------- V.M.ALEXANDER, AGED 65 YRS, S/O.MATHEW, VAZHAYIL HOUSE, SPRING VALLEY KARA (66TH MILE), PERIYAR VILLAGE, KUMALI. BY ADV. MR.A.T.ANILKUMAR RESPONDENTS: --------------- 1. THE TAHASILDAR, TALUK OFFICE, PEERIMEDU. 2. THE VILLAGE OFFICER, PERIYAR VILLAGE, PEERIMEDU. BY GOVERNMENT PLEADER SHYSON P. MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 29926 of 2005 APPENDIX PETITIONER'S EXHIBITS : EXT.P1 : THE TRUE COPY OF THE PETITION PENDING BEFORE THE 1ST RESPONDENT. EXT.P2 : THE TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE REVENUE MINISTER /TRUE COPY/ P.A. TO JUDGE HARUN-UL-RASHID, J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 29926 OF 2005 ~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of February, 2009 JUDGMENT The prayer in the writ petition is for a direction to the first respondent to take immediate steps to issue 'pattayam' in the name of the petitioner in respect of the property mentioned in Ext.P1 and Ext.P2. 2. It is the case of the petitioner that he is in possession of 3 cents of property in survey No. 165/1 of Periyar village since 1979. The petitioner alleged that considering the long possession and enjoyment of the said land, he submitted an application to the first respondent to issue patta for the property. Ext.P1 is the application. The village officer in the report, not produced before the court and copy read over to me, stated that petitioner is in continues occupation of the property since 1979. The petitioner's grievance is that in spite of Ext.P2 representation, Ext.P1 is not disposed of and is pending for the last several years. Respondents are not taking any action to issue patta. According to him they are duty bound to issue patta on the basis of Ext.P1 application. 3. In the counter affidavit filed by the first respondent, filing of the application for patta is admitted. It is stated in the counter affidavit that land in question is in the boundaries of N.H. 220 (K.K. Road) and WPC No.29926 of 2005 : 2 : village office, Periyar, therefore, the same cannot be assigned to anybody. It is also stated that the land is necessary for Government activities in future for widening of the K.K. Road. Since the land is necessary for the public purpose, for expansion of K.K. Road, stand taken by the respondent cannot be assailed on the ground stated in the writ petition. It is true that the respondent also admitted that said 3 cents of land is in the possession of the petitioner. Therefore, the prayer of the petitioner for a direction to assign the land in his favour cannot stand. 4. It is reported that the petitioner is occupying land for the last several decades. In the light of the positions explained above by the respondents in this case, the respondent can consider the assignment of other land belonging to the Government included in the list of assignable land to the petitioner. The petitioner is at liberty to file an application to the first respondent for assignment of any other land having more or less same extent. On receipt of the application for assignment, the first respondent shall consider the same, priority shall be given to the petitioner and the application shall be disposed of in accordance with law and rules. 5. The counsel for the petitioner submitted that adjacent lands touching K.K. Road are assigned to some other persons. The WPC No.29926 of 2005 : 3 : details of the said land, assignees names and date of assignment are not placed before me. If the assignments are done against the public interest, it is for the respondent to invoke the relevant provisions under the Land Assignment Act to undo the wrong. This writ petition is disposed of accordingly. The petitioner shall also produce copy of the judgment along with application. (HARUN-UL-RASHID, JUDGE) KMD