IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 22394 of 2008(N) --------------------------------------- PETITIONERS: --------------------- 1. LAKSHMANA PERUMAL, S/O. GURUSWAMY, AGED 46 YEARS, LAKSHAM COLONY, MUNNAR, P.O. 685 612. 2. THAYAMMAL, S/O. MUNIYANDI, AGED 53 YEARS,, LAKSHAM COLONY, MUNNAR, P.O. 685 612. 3. BALAMURUKAN, S/O. MUNIYANDI, AGED 24 YEARS, LAKSHAM COLONY, MUNNAR.P.O- 685612. 4. PICHAMANI, S/O. CHEENIRAJ, AGED 40 YEARS, LAKSHAM COLONY, MUNNAR.P.O- 685612. 5. AZHAKAR SWAMY, S/O. GURUSWAMY, AGED 53 YEARS, LAKSHAM COLONY, MUNNAR.P.O - 685 612. 6. EASWARI, W/O. LATE BAL, AGED 63 YEARS, LAKSHAM COLONY, MUNNAR.P.O - 685 612. 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. W.P.(C). NO.22394/2008-N: 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI. SR. GOVT. PLEADER SRI. D. ANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22394/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE OF POSSESSION NO. 502/98 DTD. 16/04/98 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE P.1. EXT.P.2: COPY OF THE ELECTORAL IDENTITY CARD OF THE P.1. EXT.P.3: COPY OF THE RELEVANT PAGES OF RATION CARD OF THE 1ST PETITIONER'S FAMILY. EXT.P.4: COPY OF THE CASTE CERTIFICATE ISSUED IN THE NAME OF THE P.2. BY THE R.3. DTD. 09/06/2008. EXT.P.5: COPY OF THE CERTIFICATE OF RESIDENCY OF THE P.2. ISSUED BY THE VILLAGE OFFICER DTD. 06/06/2008. EXT.P.6: COPY OF THE CERTIFICATE POSSESSION NO. 505/98 DTD. 16/04/98 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE P.3. EXT.P.7: COPY OF THE CERTIFICATE OF RESIDENCY NO. 931/08 (C) ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE P.4. DTD. 05/05/2008. EXT.P.8: COPY OF THE CERTIFICATE OF RESIDENCY NO. 1392/08/B DTD. 30/05/08 OF THE P.5. EXT.P.9: COPY OF THE ELECTORAL IDENTITY CARD OF THE P.6. EXT.P.10: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE R.2. DTD. 23/06/2008. EXT.P.11: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT PASSED IN W.P.(C). NO.15849/2003-J DTD. 08/06/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.22394 of 2008 ------------------------- Dated this the 1st day of December, 2008. JUDGMENT The petitioners claim to possess 4 cents of land in Kannan Devan Hills. According to them, they migrated from Tamil Nadu a decades ago. The petitioners assert possession, in continuation of the possession stated to have been asserted by the petitioners' forefathers. Petitioners submit that they may be assigned the land. Though they have filed an application in this regard, learned Government Pleader, on instructions, submits that the applications have not been received so far, nor is Ext.P10 representation stated to have been filed by the petitioners seen in the files of the District Collector. 2. In my view, the petitioners may file a representation before the District Collector. 3. In the result, the writ petition is disposed of directing the petitioners to file a comprehensive representation on the lines of Ext.P10 before the 2nd respondent within two weeks from today. If it is so filed, the same W.P.(C).NO.22394/08 :: 2 :: shall be considered and appropriate action taken by the District Collector. I take note of the submission of the learned Government Pleader that the petitioner are recent encroachers. I make it clear that if the petitioners' claim merits consideration, it is up to the statutory authority to consider the same and take appropriate decision. The petitioners shall produce a copy of this judgment and a copy of the writ petition before the 2nd respondent, for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//