IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 35371 of 2008(J) -------------------------------------- PETITIONER(S): ----------------------- M. ASSIYINAR, AGED 75 YEARS, S/O. BEEFATHIMMA, RESIDING AT MANGAD, BARE VILLAGE, P.O. UDMA, KASARAGODE DISTRICT. BY ADV. MR.JAWAHAR JOSE RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, P.O. VIDYANAGAR, KASARAGODE DISTRICT. 2. THE REVENUE DIVISIONAL OFFICER (SUB COLLECTOR), OFFICE AT KASARAGODE AT KANHANGAD, R.D.O OFFICE., P.O KANHANGAD, KASARAGOD DISTRICT. 3. THE SPECIAL TAHSILDAR (LA), TALUK OFFICE, HOSDURG, P.O. KANHANGAD, KASARAGODE DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER MR.M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 35371/2008-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 31/07/1991 PASSED BY 1ST RESPONDENT IN PROCEEDINGS NO.REF.D.DIS. 48618/89/C4. EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 18/11/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.35371/2008-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of February, 2010 J U D G M E N T Aggrieved by the inaction on the part of the respondents in assigning the land in favour of the petitioner as ordered in Ext.P1, this writ petition has been filed. 2. The petitioner applied for assigning a total extent of 25 cents of land in Re-survey Nos.58, 60 and 215/3 of Bare Village which according to him is in his possession for the last fifty years. His claim was originally rejected by the Assigning Authority as per order dated 06/02/1989 and the appeal filed was confirmed by the Appellate Authority, namely, the second respondent as per order dated 07/09/1989. Finally, a revision petition was filed before the first respondent-District Collector which was allowed as per Ext.P1 order. 3. According to the petitioner, he has effected vast and valuable improvements in the property also and seeking for issuance of patta he has filed Ext.P2 application before the first respondent. 4. The third respondent has filed a counter affidavit. Circumstances leading to the non compliance of Ext.P1 order passed by the District Collector have been W.P.(C). No.35371/2008 -:2:- detailed in the counter affidavit. It is averred in paragraph (5) that the land in Re-survey Nos.215/3B is AW which lies adjoining to PWD road. Hence, consent of the PWD authorities is required. Besides, a mass petition from the people of the locality objecting assignment of the land is pending also. It is assured that action will be taken in accordance with the prevailing KLA Act and Rules. A small portion of AW is set apart for military persons. 5. In the light of Ext.P1 order passed by the District Collector, there cannot be any dispute that the revision has been allowed in favour of the petitioner. In Ext.P1, the District Collector has ordered that the land may be assigned to the encroacher after leaving sufficient space to the road margin. Therefore, what is the extent of land available for assigning to the petitioner is the matter to be considered by the third respondent. As Ext.P1 has become final, the objection that a portion of the land cannot be assigned at all, cannot be taken by the respondents, as a ground to deny the assignment of the available land. 6. Therefore, there will be a direction to the respondents to complete the process and finalise the W.P.(C). No.35371/2008 -:3:- procedure for assignment as ordered in Ext.P1 within a period of four months from the date of receipt of a copy of this Judgment, after hearing the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms