IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 9101 of 2005(H) ------------------------- PETITIONER(S): --------------- 1. KHADEEJA, W/O.ELADATH MOHAMED, PERAKAMANNA P.O., EDAVANNA, MALAPPURAM DT. 2. AMINA, W/O.USMAN, PERAKAMANNA P.O., EDAVANNA, MALAPPURAM. 3. HASEENA, W/O.ELADATH MOHAMED, SMT.KHADEEJA, W/O.ELADATH MOHAMED, PERAKAMANNA P.O., EDAVANNA, MALAPPURAM. BY ADV. SRI.P.M.POULOSE RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, MALAPPURAM. 2. THE TAHSILDAR, ERNAD, MANJERI, MALAPPURAM DT. 3. THE CHAIRMAN, TALUK LAND BOARD, ERNAD AND DEPUTY COLLECTOR (LR), MALAPPURAM. 4. THE VILLAGE OFFICER, PERAKAMANNA VILLAGE, PERAKAMANNA P.O., EDAVANNA, MALAPPURAM. GOVERNMENT PLEADER SMT.SANJEETHA FOR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.9101/05 APPENDIX PETITIONERS' EXHIBITS EXT.P1: TRUE COPY OF THE REGISTERED DOCUMENT DEED NO.3307/88 OF SRO AREEKKODE DATED 8.12.88. EXT.P2: TRUE COPY OF THE ASSIGNMENT DEED NO.73/96 OF SRO AREEKODE DATED 5.1.96. EXT.P3: TRUE COPY OF THE PURCHASE CERTIFICATE NO.2346/76 IN SM 5373/76 OF LAND TRIBUNAL, MANJERI. EXT.P4: TRUE COPY OF THE DOCUMENT NO.4210/99 OF SRO AREEKKODE DT 28.10.99 EXT.P5: TRUE COPY OF THE NOTIFICATION NO.C5- 29942/2002(1) DATED 11.2.2005 BY THE 1ST RESPONDENT DATED 11.2.2005. EXT.P6: TRUE COPY OF THE 85(8) PETITION SUBMITTED JOINTLY BY THE FIRST AND SECOND PETITIONERS DATED 7.3.2005. EXT.P7: TRUE COPY OF THE 85(8) PETITION SUBMITTED BY THE 3RD PETITIONER DT 7.3.05. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 9101 OF 2005 ===================== Dated this the 12th day of December, 2011 J U D G M E N T The main prayer in this writ petition reads thus; “(i) issue a writ of mandamus, or any other order or direction directing the respondents not to assign lands covered by Exts.P1, P2 and P4 pursuant to Ext.P5 notice to any persons or to take any action pursuant to the Taluk Land Board's Order dated 30.4.02.” 2. In para 5 of the counter affidavit filed by the 3rd respondent, it has been averred thus; “5. Meanwhile, the notification in Form No.16 dated 11.2.2005 inviting applications for assignment of land, the Taluk Land Board Ernad has issued revised order in CR No.683/77/M4 dated 8.2.2005 that the extent of excess land remaining to be surrendered is only 0.80 ¼ acres and this was in the possession of the 85(8) petitioner. In the same order, it was ordered that the declarant's family is not liable to surrender the above said land and also ordered that no further excess land is to be surrendered by the declarant's family. Accordingly, the notification in Form No.16 was cancelled on 14.3.2005. As the notification inviting application for assignment from landless WPC No.9101/05 :2 : agricultural labourers have been cancelled, this writ petition is devoid of any merit. Since the notification in Form No.16 has been cancelled, there is no matter of evicting the petitioner from the assumed land and assigning the land to landless agricultural labourers. Therefore, the writ petition may be dismissed.” 3. In the light of the averments in para 5 of the counter affidavit, it can be seen that there is no cause for the petitioner to apprehend that her land will be assigned as originally proposed. Therefore, recording the undertaking contained in para 5 of the counter affidavit filed on behalf of the 3rd respondent, this writ petition is closed. ANTONY DOMINIC, JUDGE Rp