IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 26345 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------- K.K.ALI,AGED 69,S/O.PAREED KOCHAHAMMAD, KONNENKUDI HOUSE,KARATTUPALLIKKARA,PERUMBAVOOR.PO, ERNAKULAM DISTRICT. BY ADVS.MR.K.I.ABDUL RASHEED, MR.K.A.SHAMSUDEEN, MR.C.MOIDEEN KUTTY, SMT.V.H.JASMINE, SMT.SEEMA.E.GEORGE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY,REVENUE DEPARTMENT,GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR,ERNAKULAM. 3. THE TAHSILDAR,TALUK OFFICE,ALUVA. 4. THE VILLAGE OFFICER,ALUVA EAST VILLAGE, ALUVA. BY SR. GOVERNMENT PLEADER MR. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ---------------------------------------- W.P.(C) No. 26345 of 2009 - K ---------------------------------------- Dated 6th October, 2009 Judgment Heard Sri.K.I.Abdul Rasheed , the learned counsel appearing for the petitioner and Sri.P.N.Santhosh, the learned Government Pleader appearing for the respondents. 2. The petitioner is an ex-serviceman. He had on 2.11.2000 submitted an application to the third respondent Tahsildar for assignment of 22 cents of revenue poramboke land situated in Block 32, Resurvey No.53/3 of Aluva East village. When no action was taken on the said application, the petitioner submitted Ext.P1 representation dated 15.10.2003. Long thereafter, the petitioner received Ext.P2 letter dated 19.9.2006 from the third respondent Tahsildar calling upon him to state whether he is willing to pay the market value in the event of the land being assigned to him. By Ext.P3 letter of consent, the petitioner expressed willingness to pay the market value in the event of the land being assigned to him. The petitioner says that thereafter steps were taken to prepare a survey sketch of the property and that a sketch was also prepared. The petitioner also states that after such survey, a proforma report was also prepared by the Village W.P.(C) No.26345/2009 -:2:- Officer, Aluva East village wherein he had remarked that after the consent of the land assignment committee is obtained, further steps can be taken. The grievance voiced by the petitioner in this writ petition is that till date notwithstanding the request made by him in Ext.P8 there has been no progress in the matter. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to assign the lands described in Ext.P7 mahazar to him. He also seeks a direction to the District Collector, Ernakulam to consider the request made by him in Ext.P8 and pass orders thereon within a time limit to be fixed by this Court. 3. The learned Government Pleader appearing for the respondents submits on instructions that along with the petitioner other applicants have also applied for assignment of various parcels of land lying in the same locality and that the respondents will take a final decision in the matter expeditiously. In the light of the said submission, I dispose of this writ petition with a direction to the competent authority among the respondents to pass final orders on the petitioner’s application for assignment of land referred to in Ext.P7 report prepared by the Village Officer, Aluva East Village expeditiously and, in any event, within six months from the date on which the W.P.(C) No.26345/2009 -:3:- petitioner produces a certified copy of this judgment before the District Collector, Ernakulam. While considering the application of the petitioner, applications submitted by others shall also be considered in accordance with the Rules governing assignment of Government lands. I make it clear that I have not expressed any opinion regarding the merits of the petitioner’s claims and that it is for the Government/the competent authority to take a decision in the matter in accordance with the rules governing assignment of Government land. P.N.RAVINDRAN Judge vaa