IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 28043 of 2004(L) ---------------------------------------- PETITIONER(S): ----------------------- 1. FR. VARGHESE ANTONY, THANICKAL HOUSE, THULAPALLY P.O, PATHANAMTHITTA DISTRICT. 2. MR. ABRAHAM SAMUEL, CHAKKALAKUZHIYIL HOUSE, THULAPALLY P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): ------------------------- 1. THE TAHSILDAR, RANNI TALUK, PATHANAMTHITTA DISTRICT. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 3. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, REVENUE DEPARATMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 28043 2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RECEIPT ISSUED BY THE VILLAGE OFFICER, KOLLAMULA VILLAGE, DT.2.5.1998 EVIDENCING THE PAYMENT OF LAND TAX BY THE PETITIONER. P2:- COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KOLLAMULA VILLAGE, DTD. 16.2.2000 EVIDENCING THE PAYMENT OF LAND REVENUE TAX BY THE 2ND PETITIONER. P3:- COPY OF THE PROVISIONAL PATTA-FORM OF ORDER OF ASSIGNMENT RULE 9(1) OF THE LAND ASSIGNMENT RULES TO THE PETITIONER DTD. 13.12.1966. P4:- COPY OF THE FORM OF ORDER OF ASSIGNMENT OF THE REGISTRY ISSUED TO THE 2ND PETITIONER DT. 28.12.1965. P5:- COPY OF THE REPRESENTATION GIVEN BY THE PETITIONER, BEFORE THE RESPONDENTS ON 4.1.2002. P6:- COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN WPC. 30670/2004. P7:- COPY OF THE JJUDGMENT OF THIS HONOURABLE COURT IN WPC. NO.30670/2004. P8:- COPY OF THE APLICATION FOR EXTENSION OF TIME GIVEN TO THE PETITIONERS IN WPC. NOP.30670/2004. TRUE COPY P.A. TO JUDGE tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 28043 of 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of August, 2010 J U D G M E N T The petitioners are persons who are in possession of properties in Kollamula Village in Ranni Taluk in Pathanamthitta District. Pursuant to their long occupation of the land, proceedings for assignment of the land under the Kerala Land Assignment Rules were initiated, which resulted in Exts.P3 & P4 orders of Assignment on Registry as early as in 1966 & 1965. The petitioners' grievance in this writ petition is that, pursuant to the orders of Assignment on Registry pattas have not yet been issued to them under Rule 9 (2) of the Kerala Land Assignment Rules. According to the petitioners, after having issued orders of Assignment on Registry, the respondents were statutorily bound to issue pattas as stipulated under the rules, failure to do which is a failure to exercise the statutory duty vested W.P.(C)No. 28043 of 2004 -2- in them is their contention. Petitioners therefore seek the following reliefs: “(i) call for the records in the above case; (ii) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to issue pattas to the petitioners in the form in Appendix-II to the Kerala Land Assignment Rules, 1964; (iii) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the respondents to take further action on Ext.P5 and similar petitions;” 2. No counter affidavit has been filed. But the petitioners have along with I.A. No.10538/2010 produced documents in respect of identically situated persons in the same village. According to the petitioners, identically situated persons filed W.P.(C) No.30670/2004, wherein Ext.P6 counter affidavit has been filed by the respondents admitting issue of orders on assignment of registry, but taking the contention that, the pattas cannot be issued until the survey of the properties and demarcation are completed. Taking into account the averments in the W.P.(C)No. 28043 of 2004 -3- counter affidavit, this court had by Ext.P7 judgment dated 24.06.2009, directed the respondents to complete the proceedings for assignment of the land to the petitioners in that writ petition. The respondents later applied for extension of time to comply with that judgment which is also pending. Petitioners therefore submit that, petitioners are also entitled to similar reliefs. 3. The learned Government Pleader could not controvert the averments of the petitioners in so far as no counter affidavit has been filed although this writ petition was filed as early as on 23.09.2004. As such the averment of the petitioners that in the case of similarly situated persons Ext.P7 judgment has been passed by this court stands uncontroverted. Therefore I am satisfied that the petitioners are also entitled to similar reliefs. Accordingly following Ext.P7 judgment, this writ petition is disposed of directing the respondents 1 & 2 to finalise all formalities required for assignment of the land in possession of the W.P.(C)No. 28043 of 2004 -4- petitioners and issue pattas to the petitioners based on eligibility of each of them in accordance with law as expeditiously as possible, at any rate within a period of nine months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/