IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 WP(C).No. 23606 of 2009(U) --------------------------------------- PETITIONER: ------------------- OUSEPH ESTHAPPAN ALIAS STEPHEN, AGED 73 YEARS, S/O.LATE SRI.OUSEPH, PULIMOOTTIL HOUSE, VENGALLOR, THOUDUPUZHA. BY ADVS. SRI.MOHAN JACOB GEORGE, SMT.P.V.PARVATHI, SMT.REENA THOMAS, SRI.L.RAM MOHAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, RERVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. \ 2. DISTRICT COLLECTOR, IDUKKI, PIANAVU. R1 & R2 BY GOVERNMENT PLEADER SRI. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2010, ALONG WITH W.P.(C). NO.30436/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23606/2009-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE TAX RECEIPT DTD. 20/10/1981 FOR THE PAYMENT OF K.P. DUES BY THE PETITIONER. EXT.P.2: COPY OF THE RECEIPT NO. 7 DTD. 08/01/1993 OF THE VILLAGE OFFICER, THODUPUZHA. EXT.P.3: COPY OF THE SURVEY PLAN. EXT.P.4: COPY OF THE APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER. EXT.P.4.A: COPY OF THE PETITION SUBMITTED ALONG WITH EXT. P.4. EXT.P.5: COPY OF THE ORDER DTD. 13/07/1999 OF THE R.D.O, IDUKKI. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) Nos.23606 of 2009 and 30436 of 2010 ``````````````````````````````````````````````````````` Dated this the 6th day of October, 2010 J U D G M E N T Petitioner states that an extent of 17.764 cents of land situated in Survey No.151/5 of Thodupuzha village is in his possession since 1954, on kuthakapattam lease. According to the petitioner, since the land is essential for the beneficial enjoyment of his remaining extent of land, he made application dated 01-07-2009 to the District Collector seeking assignment of the land. A copy of the application has been produced as Ext.P4 in WPC.23606/2009. It is stated that orders have not been passed on the application and the matter is still pending consideration before the District Collector. It is seeking expeditious orders on the said application, WPC.23606/2009 has been filed. 2. During the pendency of this writ petition, the Taluk Surveyor issued notice in Form No.6 dated 25-09-2010 to the petitioner, informing that the property in Survey No.151/5 is proposed to be surveyed and demarcated. It is on receipt of WPC.23609/09 & 30436/10 : 2 : the said notice, challenging the notice on various grounds, WPC.No.30406/2010 has been filed. 3. Learned Government Pleader, on instructions in the matter, submits that it is based on the instructions issued by the Tahsildar, Thodupuzha requiring the Taluk Surveyor to survey the property, that the Taluk Surveyor has issued the notice mentioned above. 4. Although the right of the respondents to survey the property in question cannot be disputed, fact remains that claiming assignment of the land in question on the ground that the same is essential for the beneficial enjoyment of the remaining property of the petitioner, petitioner made application in July 2009 and it is pending. 5. Having regard to the above, I feel that the District Collector should consider the application made by the petitioner on an expeditious basis and pass orders thereon and in the meantime, further proceedings pursuant to the notice dated 25-09-2010 issued by the Taluk Surveyor should be kept in abeyance. WPC.23609/09 & 30436/10 : 3 : 6. In that view of the matter, without expressing anything on the merits of the contentions raised by the petitioner for assignment of land in question or the justifiability of the proposed survey, it is directed that the District Collector shall consider and pass orders on the application made by the petitioner for assignment of land(Ext.P4 in WPC.No.23606/2009), within a period of six weeks from the date of production of a copy of this judgment. Such orders shall be passed with notice to the petitioner. It is directed that in the meanwhile, further proceedings pursuant to the notice dated 25-09-2010 issued by the Taluk Surveyor shall be kept in abeyance. 7. Petitioner to produce a copy of this judgment and writ petition before the District Collector and Tahsildar, Thodupuzha for compliance. Writ petition is disposed of. (ANTONY DOMINIC, JUDGE) aks