IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 9910 of 2006(D) ------------------------- PETITIONER(S): --------------- K. GOPI, SANDHYA SADANAM, PAZHAYATHERUVU MURI, KANNAMKARA, ARYANADU VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.K.B.PRADEEP RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. 2. THE REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM. 3. ARYANADU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, ARYANADU. 4. THE TAHSILDAR, TALUK OFFICE, NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT. 5. THE VILLAGE OFFICER, ARYANADU, THIRUVANANTHAPURAM DISTRICT. 6. JUSTUS NADAR, S/O. DANEIL NADAR, ONNAMCODE MEKKUMKARA PUTHEN VEEDU, PUNALAL MURI, VELLANAD, THIRUVANANTHAPURAM DIST. 7. BHASKARA PILLAI, S/O. VELAYUDHAN PILLAI AKKARA VEEDU, PAZHAYATHERUVU MURI, CHERIYA ARYANADU, ARYANADU VILLAGE, THIRUVANANTHAPURAM DISTRICT. ADDL.R8 TO R10 8. J.R.SALU, S/O JUSTUS NADAR, JR VILLA, PAZHAYA KACHERI NADA, ARYANADU P.O., NEDUMANGADU 9. J.R.BIJU, S/O JUSTUS NADAR, JR VILLA -DO- -DO- WP(C).No. 9910 of 2006 -2- 10. SHEBU GODSEN, S/O JUSTUS NADAR, GODSEN COTTAGE, PALLIVETTA, ARYANADU P.O, NEDUMANGADU (Impleaded R8 to R10 as per order in I.A.4372/09 dated 27.3.2009) ADV. SRI.NAGARAJ NARAYANAN FOR R3 SRI.SAIJO HASSAN FOR R3 SRI.A.S.SABU FOR R3 SRI.A.G.GIRISH KUMAR FOR R3 SRI.R.T.PRADEEP FOR R6 SRI.V.VIJULAL FOR R6 GOVERNMENT PLEADER SRI.V.MANU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, ALONG WITH WPC NO. 34646 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9910 of 2006 APPENDIX EXHIBITS EXT.P1- A TRUE COPY OF THE REPORT AND SKETCH DATED 16.3.05 BY THE 5TH RESPONDENT EXT.P2- A TRUE COPY OF THE REPORT PUBLISHED IN MATHRUBOOMI DAILY DATED 8.3.05 EXT.P3- A TRUE COPY OF THE REPLY OBTAINED BY THE PETITIONER FROM THE 3RD RESPONDENT DATED 9.3.05 EXT.P4- A TRUE COPY OF THE COMMUNICATION DATED 29.3.05 EXT.P5- A TRUE COPY OF THE REPORT DATED 15.7.05 EXT.P6- A TRUE COPY OF THE JUDGMENT IN OS.NO.137/00 DATED 21.1.04 EXT.P7- A TRUE COPY OF THE INJUNCTION ORDER IN OS.NO.4/00 EXT.P8- A TRUE COPY OF THE REPRESENTATION DATED 8.2.06 EXT.P9- A TRUE COPY OF THE OBJECTION DATED 17.3.06 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C)s.9910/2006 & 34646/2007 -------------------- Dated this the 28th day of January, 2010 JUDGMENT 1. In W.P.(C).9910/2006 what the petitioner seeks is that a proceedings, which had already been initiated against the 6th respondent, whose son is the petitioner in W.P.(C).34646/2007, should be completed and the alleged unauthorised occupation should be evicted. Ext.P1 is the report of the Village Officer, stating that the 6th respondent has encroached into a portion of the puramboke land. Ext.P3 is the reply issued by the 3rd respondent Panchayat, stating that steps have already been taken for measuring and demarcating the property which is allegedly in the occupation of the 6th respondent. This was followed by Ext.P4 communication issued by the Revenue Divisional Officer requiring the Tahsildar to take action against the 6th respondent under the Land Conservancy Act. Thereafter, Ext.P5 was issued by the additional Tahsildar to the District Collector reporting that a L.C. case against the 6th respondent is pending. Petitioner states that as there was no progress in the W.P.(C).9910/06 & 34646/07 2 matter, he filed Ext.P8 complaint stating that the proceedings mentioned in Exts.P1, P3, P4 and P5 be taken by its logical conclusions. 2. According to the petitioner, in the meantime the son of the 6th respondent, who has filed W.P.(C).34646/2007, seeking assignment of the land mentioned above. Therefore, he made Ext.P9 complaint objecting to the application for assignment. Even thereafter, there was no progress and therefore it is stated that he moved the Ombudsman for Local Self Government Institutions. Ombudsman passed an order which is produced as Ext.P3 in W.P.(C). 34646/2007. As there was no progress in the matter, the writ petition is filed. 3. In so far as W.P.(C). 34646/2007 is concerned, petitioner therein submits that he made Exts.P1 and P2 applications seeking assignment of the land mentioned therein. It is stated that during the pendency of his applications for assignment, at the instance of the petitioner in W.P.(C). 9910/2006, the Ombudsman for Local Self Government Institutions has passed W.P.(C).9910/06 & 34646/07 3 Ext.P3 order, directing that steps for his eviction should be initiated and competed. It is in these circumstances, W.P.(C). 34646/2007 is filed seeking to quash the order of the Ombudsman and for a direction to pass orders on the application for assignment made by the petitioner. 4. On Exts.P1 and P2 applications filed by the petitioner in W.P.(C). 34646/2007, reports have been submitted by the Tahsildar, Nedumangadu and the Village Officer, Aryanadu. These reports are pending before the District Collector and the matter has to be forwarded to the Tahsildar who has to place it before the Land Assignment Committee for final decision in the matter. It is in the meanwhile, that the petitioner in W.P.(C). 9910/2006 seeks conclusion of the proceedings initiated against the 6th respondent therein, whose son is the petitioner in W.P. (C). 34646/2007. Therefore at this stage, what is required to be done is that initially the land assignment proceedings which are initiated at the instance of the petitioner in W.P.(C). 34646/2007 should be completed as otherwise further action taken on the basis of the order passed by the Ombudsman at this stage will W.P.(C).9910/06 & 34646/07 4 result in making the applications made by the petitioner in W.P. (C). 34646/2007 virtually infructuous. Therefore, these writ petitions are disposed of with the following directions. 5. The District Collector, Thiruvananthapuram, before whom the applications have been submitted by the petitioner in W.P. (C). 34646/2007, shall forward Exts.P1 and P2 reports made by the Tahsildar and the Village Officer to the Tahsildar, Nedumangadu, who on receipt thereof, shall place the applications and reports before the Land Assignment Committee. Thereafter, a final decision on the applications made by the petitioner in W.P.(C). 34646/2007 shall be taken, as expeditiously as possible. The entire process as above shall be completed at any rate, within two months of receipt of a copy of this judgment. 6. If the decision taken as above, is not to assign the land as sought for by the petitioner in W.P.(C). 34646/2007, as directed by the Ombudsman for Local Self Government Institutions in Ext.P3 referred to above, and on the basis of Exts.P1, P3, P4 and W.P.(C).9910/06 & 34646/07 5 P5 produced in W.P.(C). 9910/2006, necessary steps shall be taken for eviction of the 6th respondent in W.P.(C). 9910/2006 and the petitioner in W.P.(C). 34646/2007. This process should be completed without further delay. ANTONY DOMINIC, Judge mrcs