IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 OP.No. 29157 of 2002(U) --------------------------------- PETITIONER: ------------------ THE SECRETARY, SREE BHAGAVATHISEVA SANGHAM, KASARAGOD (REGD.NO.37/68) 8/117, BHAGAVATHI TEMPLE ROAD, PULIKUNNU, KASARAGOD - 671 121. BY ADV. SRI. U.P.KUNIKULLAYAC RESPONDENTS: ----------------------- 1. CHIEF SECRETARY, GOVT.OF KERALA, THIRUVANANTHAPURAM. 2. COMMISSIONER FOR LAND REVENUE, GOVT.OF KERALA, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KASARAGOD. 4. UBAID MEMORIAL FORUM, REPRESENTED BY ITS SECRETARY, KASARAGOD. 5. SECRETARY, KASARAGOD MUNICIPALITY, KASARAGOD. GOVERNMENT PLEADER SRI.NOBLE MATHEW SRI.P.SANTHALINGAM (SR.) FOR R5 SRI.S.SHARAN THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, ALONG WITH WPC NO. 30434 OF 2003 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.49317/02 IN OP. NO.29157/02 DISMISSED 15.10.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SKETCH OF THE PETITIONER TEMPLE BUILDING, COMPOUND WALL, ETC. P2:- COPY OF THE INDEX TO THE SKETCH EXT.P1. P2(a):- COPY OF THE SHOWING THE PETITIONER TEMPLE BUILDING, COMPOUND WALL, GATE ETC. P2(b):- DO. DO. P3:- COPY OF THE ASSIGNMENT APPLICATION MADE BY THE PETITIOENR TO THE 3RD RESPONDENT DT. 21.1.2000. P4:- COPY OF THE COVERING LETTER SENT ALONG WITH EXT.P3. P5:- COPY OF THE GOVT. ORDER NO.250/01/REVENUE DT. 13.9.01 PASSED BY THE 2ND RESPONDENT GRANTING ASSIGNMENT OF LAND TO 4TH RESPONDENT DT. 13.9.02. P6:- COPY OF THE SKETHC ANNEXED TO THE EXT.P5 ORDER. P7:- COPY OF THE REPRESENTATION MADE BY THE PETITIONER TEMPLE AGAINST EXT.P5 ORDER TO THE HONOURABLE CHIEF MINISTER OF KERALA AND SRI.K.M.MANI, HONOURABLE MINISTER FOR REVENUE. P8:- COPY OF THE POSTAL ACKNOWLEDGMENT FOR EXT.P7. P9:- COPY OF THE RECEIPT ISSUED BY THE COURIERS FOR SENDING THE COVER ADDRESSED TO THE HONOURABLE REVENUE MINISTER SRI.K.M.MANI. P10:- COPY OF THE NOTICE PUBLISHED BY THE 5TH RESPONDENT RELATING TO THE LAYING OF FOUNDATION STONE FOR THE BUILDING TO BE CONSTRUCTED IN THE ASSIGNED LAND. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE NOTICE IN FORM NO.2 DT. 20.3.00 ALONG WITH THE CERTIFICATE OF DUE PUBLICATION SIGNED BY VILLAGE OFFICER AND TAHSILDAR. R1(b):- COPY OF THE NOTICE IN FORM NO. 2 DT. 20.3.00 ALONG WITH THE CERTIFICATE OF DUE PUBLICATION SIGNED BY THE KASARAGOD MUNICIPALITY. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P.No.29157 of 2002 & W.P(C) No.30434 of 2003 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT In the matter of assignment of land it is submitted that the petitioner had submitted Ext.P7 representation (O.P. No.29157/2002). There will be a direction to the Government to take a decision on the said representation with notice to the petitioner and to the affected parties. It is made clear that in that view of the matter I have not considered the writ petitions on merits and the entire contentions are left open. It is further made clear that till orders are passed as above the interim orders passed by this court will continue. The petitioner will produce a copy of this judgment along with a copy of the writ petitions before the Government. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.29157 of 2002 & W.P(C) No.30434 of 2003 ----------------------------------- JUDGMENT 15th October, 2008