IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 4040 of 2005(E) ------------------------------------- PETITIONER: ------------------- PAL RAJ, S/O.SAMUEL, AGED 43 YEARS, LEKSHAM COLONY, MUNNAR IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE, ADV. SRI.ROY THOMAS. RESPONDENTS: ----------------------- 1. STATE OF KERALA, TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. K.J. MOHAMMED ANZAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.4040/2005-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE POSSESSION CERTIFICATE NO. 602/1995 DTD. 20/06/1995 ISSUED BY THE VILLAGE OFFICER KDH VILLAGE IN THE NAME OF THE PETITIONER. EXT.P.2: COPY OF THE CERTIFICATE ISSUED BY THE BLOCK DEVELOPMENT OFFICER, NO.670/2002 DTD. 23/12/2004 IN THE NAME OF THE PETITIONER. EXT.P.3: COPY OF THE COMMUNICATION NO. 1638/A2 DTD. 01/02/1996 ISSUED BY THE R.1. TO THE R.2. DISTRICT COLLECTOR. EXT.P.4: COPY OF THE REPORT OF THE R.2. DISTRICT COLLECTOR NO. G-4-814 DTD. 06/09/72 ADDRESS TO THE R.1. GOVERNMENT. EXT.P.5: COPY OF THE REPLY OF THE GOVERNMENT TO EXT.P.6 STUDY REPORT NO. 6053/U2/73/RD DTD. 18/08/74 ADDRESSED TO THE R.2. DISTRICT COLLECTOR. EXT.P.6: COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT PASSED IN W.P(C). NO.7230/2004 DTD. 04/11/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. KURIAN JOSEPH, J. ---------------------------------------------- W.P(C).No.4040 of 2005 ---------------------------------------------- Dated this the 4th day of July, 2008 J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Call for the records from the respondents concerning the land covered by Exts.P1 and P3 to P5 and related to the issue raised in the W.P(C). (ii) Issue a writ of mandamus directing the respondents not to dispossess the petitioner from his property covered by Ext.P1 during the pendency of proceedings for assignment in their favour. (iii) Issue a writ of mandamus directing the respondents 1 and 2 to regularise the possession of the pettioner by virtue of Ext.P1 by issuing order of assignment either as per the Rules framed under the Kerala Land Assignment Act or as per the Rules framed under the Kannan Devan Hills (Resumption of Land) act.” Since applications for assignment are pending, there will be a direction to the second respondent to look into the applications filed by the petitioner, with notice to him and pass appropriate orders thereon in accordance with law, expeditiously. The interim order passed by this Court will continue till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ahg. KURIAN JOSEPH, J ---------------------------------------------- W.P(C).No.4040 of 2005 ---------------------------------------------- J U D G M E N T Dated 22nd November, 2006.