IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 27082 of 2008(Y) -------------------------- PETITIONER(S): ------------------------- THOMAS MICHAEL, MANNARKATTU VEEDU, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S): --------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, PAINAVU, IDUKKI DISTRICT. 2. THE TAHSILDAR, DEVIKULAM TALUK, IDUKKI DISTRICT. 3. THE VILLAGE OFFICER, KDH VILLAGE, DEVIKULAM TALUK. BY SENIOR GOVERNMENT PLEADER SRI.D.ANILKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.27082 of 2008 ------------------------- Dated this the 11th day of November, 2008. JUDGMENT The petitioner claims that he had originally come into possession of Ext.P1 kuthakappattom, which was for a period of 3 years. There was a dispute as to whether the Kuthakappattom was renewed or not. Be that as it may, the petitioner has filed an application for assignment of the land under the Kerala Land Assignment Rules and the same is currently pending before the 2nd respondent Tahsildar. 2. In a counter affidavit filed on behalf of the 2nd respondent, it is inter alia contended as follows: “It is submitted that the application filed by the petitioner in the year 1992 for assignment will be considered in accordance with law. The petitioner has not produced necessary materials before the authorities to show that he is eligible for assignment of land. Only on the verification of the reports, it could be decided whether the petitioner is eligible for allotment of land.” 3. I heard Sri.Latheesh Sebastian, learned counsel for the petitioner and Sri.Anilkumar, learned Government Pleader. W.P.(C).No.27082 of 2008 :: 2 :: Since the respondent undertakes to consider the petitioner's application, the writ petition is disposed of directing the 2nd respondent to pass orders on the petitioner's application for assignment in accordance with law, after hearing the petitioner within one month from the date of receipt of a copy of this judgment. The petitioner shall not be dispossessed from the property till orders are passed on the application. It is made clear that the petitioner shall not make any construction till positive orders are passed on his application. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge