IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 12TH JANUARY 2010 / 22TH POUSHA 1931 WP(C).No. 37561 of 2009(M) --------------------------------------- PETITIONER: ------------------- JOHNSON, S/O.LONAPPAN VARGHESE, MEKKATTUKULAM, PUTHOOR.P.O, THRISSUR DISTRICT. BY ADV. MR.P.I.DAVIS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. TAHSILDAR, TALUK OFFICE, THRISSUR. 3. DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 4. WILDLIFE WARDEN, FOREST DEPARTMENT, THRISSUR. R1 TO R4 BY GOVT. PLEADER MR. K. SANIL KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 37561 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of January, 2010. JUDGMENT The petitioner herein is the assignee of 76 cents of land comprised in Sy. No.681/14 & 17 of Kainoor village. It is the case of the petitioner that on 30.12.1974 an order was passed by the Special Tahsildar (Land Assignment), Thrissur Taluk granting assignment of the said land on registry to the petitioner's father. The petitioner's father remitted the land assignment dues shown in Ext.P1 report, but the patta was not issued. 2. After the death of his father, the petitioner approached this Court by filing W.P.(C) No.37215/2004 which was disposed of by Ext.P3 judgment directing the respondents to take action for assignment and accordingly steps were initiated afresh. Presently, the petitioner is aggrieved by the tree value fixed to the tune of Rs.1,92,555/- as a condition for assignment. 3. Already the patta has been issued under the Kerala Land Assignment (Regulation of Occupants of Forest Lands prior to 1.1.1977) Special Rules 1993, as per Ext.P6. The petitioner has already remitted the amount also. wpc 37561/209 2 4. Learned Govt. Pleader on instructions, submitted that the petitioner ought to have filed an appeal against the assignment, if he was aggrieved, at that point of time. It is also pointed out that the petitioner does not seen to have filed any objection against the tree value fixed at the right point of time. Leaving open the remedy of the petitioner to approach the appropriate authority under the relevant Rules, this writ petition is closed. (T.R. Ramachandran Nair, Judge.) kav/