IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 30670 of 2004(A) -------------------------- PETITIONER(S): --------------- 1. CHACKO JOSEPH, AGED 67 YEARS, S/O.CHACKO, PANTHIRUVELIL HOUSE, THULAPPILLY P.O. PATHANAMTHITTA DISTRICT. 2. K.J.JOSEPH,AGED 53 YEARS, S/O.JOHN, R/A. KONNATH HOUSE, THULAPPILLY PO, PATHANAMTHITTA.DIST. 3. PARAMESWARAN PILLAI, AGED 69 YEARS, S/O.NEELAKANTA PILLAI, PUTHYETH HOUSE, THULAPPALLY P.O. 4. V.P.ARAVINDAKSHAN, AGED 49 YEARS, S/O.KOCHUKUNJU PAPPU, VAZHAYIL HOUSE, THULAPPALLY P.O. 5. K.P.JOHN, AGED 52 YEARS, S/O.PHILIP, R/A. KOLANILKOMPIL HOUSE, THULAPPALLY P.O. 6. K.G.JOHN, AGED 49 YEARS, S/O.K.M.GEORGE, KOMBANKUZHI HOUSE, THULAPPALLY P.O. 7. ALEYKUTTY SEBASTIAN, AGED 56 YEARS, W/O.SEBASTIAN, URUNBIL KARAKKAT HOUSE, THULAPPALLY P.O. 8. LISSY JOHN, AGED 42 YEARS, W/O.JOHN, MADATHIKUNNEL HOUSE, THULAPPALLY PO, PATHANAMTHITTA DISTRICT. BY ADV. SRI.GEORGE MATHEW RESPONDENT(S): --------------- 1. THE TAHSILDAR, RANNI TALUK, PATHANAMTHITTA DISTRICT. (2) WP(C).30670/04 (2) 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA DISTRICT. 3. THE STATE OF KERALA, REP. BY THE SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.K.SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).30670/04 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:-PROVISIONAL PATTA-FORM OF ORDER OF ASSIGNMENT OF REGISTRY- ISSUED IN APPENDIX-I UNDER RULE 9(1) OF THE LA RULES DT.13.12.1966 EXT.P2:-FORM OF ORDER OF ASSIGNMENT OF THE REGISTRY ISSUED TO THE PRE- DECEASED IN INTEREST of the 2ND PETITIOENR DT. 30.12.65 EXT.P3:-COPY OF THE REPRESENTATION GIVEN BEFORE THE RESPONDENTS ON 14.01.02 RESPONDENT'S EXHIBITS:- NIL okb //True Copy// P.A. to Judge C.K.ABDUL REHIM, J. ------------------------------ W.P.(C)No.30670 OF 2004 ------------------------------ Dated this the 24th day of June, 2009 J U D G M E N T ---------------------- 1. The petitioners are in possession of various extents of land lying in Kollamula Village in Ranni Taluk of Pathanamthitta District. Before bifurcation of Pathanamthitta District, the area in question was part of Pambavalley Village in Pathanamthitta Taluk of Kollam District. It is submitted that the petitioners and their predecessors in interest were invited to the area in question for developing cultivation in the land with food crops, about 6 decades back, in order to promote cultivation of food crops under “Grow more food scheme”. The lands in the area was leased out to the various Ex-servicemen, small farmers and Society formed by small farmers under Kuthakapattam scheme. In the report of Commission appointed by the State Government namely Mathew Maniyangadan Commission, it was recommended that the farmers at Pambavalley should be issued with 'Patta' for the land being cultivated by each of them. It is stated that during the year 1966 about 160 farmers residing in the nearby area were issued with 'Patta' from the Land Assignment Office, Pathanamthitta. But under the pretext of objection from the Kerala State Electricity Board assignment was not effected with respect to properties now occupied by the W.P.(C).30670/2004 2 petitioners. But the 1st respondent had issued provisional 'patta' to the petitioners and their predecessors in interest, under Rule 9(1) of the Land Assignment Rules. Exts.P1 and P2 are 'patta' issued to the predecessor in interest of the 1st petitioner and to the 2nd petitioner, respectively. It is submitted that similar 'patta' were issued to other petitioners also or to their predecessors in interest. Ext.P1 and P2 are issued in the year 1965. But the complaint of the petitioners is that inspite of repeated requests and representations the respondents have not assigned the lands and no 'pattas' were so far issued in lieu of the provisional pattas. The complaint is that no land tax is received from the petitioners on the basis of the provisional 'patta' and the petitioners are under threat of eviction from the land which they are occupying and cultivating for the last more than six decades. 2. It is further submitted that on 9.2.2002 the Government had declared that pattayams will be issued to all the petitioners and other occupants of the land in a “Pattayamela” proposed to be arranged. The District Collector had even published notices calling objections if any with respect to assignment of land in about 900 cases. But the programme could not take place and the petitioners were not issued with W.P.(C).30670/2004 3 documents pertaining to the assignment till this date, inspite of repeated representations. 3. In the counter affidavit filed on behalf of the 1st respondent it is conceded that the petitioners are in possession of certain properties. It is stated therein that survey works for giving pattayam in Pampavalley-Thulappally area in which the petitioners holdings also are included, which started in the year 2007, is progressing. The total area to be surveyed is about 536 Hectares and as on the date of filing of the counter affidavit (July 2008) survey with respect to 286.06.82 Hectares stands completed, and it will take one more year to complete the survey. The counter affidavit further states that, only after completing the survey and after assigning survey numbers to the holdings of the petitioners and after issuing the notification required under the Survey and Boundaries Act, the process for issuance of 'patta' can be started. It is also stated that for dis- reservation of the land from the declared 'reserved forest area' need be done with sanction obtained from the Government of India. Hence it is averred that it may take considerable time to complete all the formalities for issuing 'Patta' to the petitioners. 4. Considering the long-pending grievances voiced by the petitioner, this Court takes on record the undertakings of the W.P.(C).30670/2004 4 1st respondent in his counter affidavit in its true spirit. Since the counter affidavit was filed about 11 months back, it is reasonably expected that the survey works might have been considerably progressed by this time. However, considering the procedural formalities, enumerated in counter affidavit, to be completed for assignment of the land, this Court expect earnest efforts and action in this regard from the side of all the authorities concerned with the issue. Under the above mentioned circumstances this writ petition is disposed of directing respondents 1 and 2 to finalize all formalities required for assignment of the land in possession of the petitioners and to issue 'Patta' to the petitioners based on eligibility of each of them in accordance with law as expeditiously as possible, at any rate within a period of nine (9) months from the date of receipt of a copy of this judgment. C.K.ABDUL REHIM, JUDGE. okb