IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 6281 of 2011(I) ------------------------- PETITIONER(S): --------------- M.A.JANARDHANAN, PROPRIETOR, GURUDEVAN METAL CRUSHERS, KANNIMANGALAM, NADUVATTOM POST, ERNAKULAM DISTRICT. BY ADV. SRI.SAJU.S.A SRI.K.C.KIRAN SMT.P.A.SHEEJA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695001. 2. DISTRICT COLLECTOR, ERNAKULAM-682030. 3. TAHSILDAR, ALUVA-683101. 4. MALAYATTOOR NEELEESWARAM GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, NEELESWARAM, ERNAKULAM DISTRICT-683 584. ADDITIONAL RESPONDENT: ----------------------------------------- * 5. SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, STATE OF KERALA, THIRUVANANTHAPURAM 695001 ADV. SRI.T.S.RAJAN FOR R4 SRI.V.K.DINESH KUMAR FOR R4 SMT.GEETHA G.NAIR FOR R4 SRI.C.K.SUNIL FOR R4 SRI.T.S.SUHOOD SENIOR GOVERNMENT PLEADER SRI.T.K.ARAVINDAKUMAR BABU * Impleaded as additional 5th respondent as per order dated 24-05-2011 in I.A No.6700/2011. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.6281/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORIGINAL ASSIGNMENT ORDER DATED 25-05-1970. EXT.P2 : TRUE COPY OF THE PATTA GRANTED ON 25-05-1970. EXT.P3 : TRUE COPY OF THE JUDGMENT DATED 13-08-2009 IN W.P.(C) No.9605/2008. EXT.P4 : TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A No.1908/2009 DATED 25-08-2009. EXT.P5 : TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN R.P 899/2009 IN W.A NO.1908/2009 DATED 24-09-2009. EXT.P6 : TRUE COPY OF THE JUDGMENT DATED 22-01-2010 OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P7 : TRUE COPY OF THE GOVERNMENT ORDER DATED 01-12-2010. EXT.P8 : TRUE COPY OF THE REPRESENTATION DATED 21-03-2011. RESPONDENT'S EXHIBITS: NIL Sd/- P.R.RAMACHANDRAMENON, JUDGE //True Copy// P.A to Judge P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.6281 OF 2011 -------------------------------------------------- Dated this the 9th day of June 2011 JUDGMENT The petitioner has approached this Court with the following prayers: i) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to receive on file the applications submitted by the petitioner for getting assignment on lease of the land covered by Ext.P2 patta and to pass orders on the same after affording an opportunity of hearing to the petitioner within a period to be fixed by this Hon'ble Court. ii) Pass any other appropriate writ, order or direction which this Hon'ble Court may deem fit to issue and the petitioner may pray from time to time. 2. During the pendency of the proceedings, the petitioner has filed I.A No.6607/2011 also producing a copy of Ext.P8 Revision filed before the additional 5th respondent, who has been impleaded in the party array as per order dated 24-05-2011 in I.A No.6700/2011. 3. The learned counsel appearing for the petitioner submits that the petitioner will be satisfied, if a direction is given to the additional 5th respondent to have Ext.P8 considered and disposed of on merits, after giving an opportunity for hearing to the petitioner. W.P.(C) No.6281/2011 2 4. Heard the learned Govt. Pleader as well. 5. In view of the limited nature of the relief now sought for, this Court finds that, it is no more necessary to go into the merits of the case discussing the facts and figures. In the above circumstances, the Writ Petition is disposed of, directing the additional 5th respondent to consider Ext.P8 and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner, which shall be done as expeditiously as possible, at any rate within 'three months' from the date of receipt of a copy of this judgment. 6. The petitioner shall produce a copy of this judgment along with a copy of the Writ Petition and other proceedings including the I.As before the additional 5th respondent for taking further steps. vdv P.R.RAMACHANDRA MENON, JUDGE