IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH MARCH 2010 / 8TH CHAITHRA 1932 WP(C).No. 4741 of 2010(P) ---------------------------------------- PETITIONER(S): ---------------------- K.L.JOSEPH @ JOSE,S/O.LUKA,KOTTAYIL HOUSE,MAMKULAM,IDUKKI DIST,REP;BY HIS P/A.HOLDER, T.M.VARGHESE,S/O.MATHAI,AGED 58 YEARS,THARAMUTTATH HOUSE,ANAVIRATTY,IRUTTAKANAM,DEVIKULAM TALUK, ADIMALY.P.O,IDUKKI DISTRICT. BY ADVD.MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN MR.T.R.SADEESAN MR.A.HAROON RASHEED RESPONDENT(S): ---------------------------- THE DISTRICT COLLECTOR,IDUKKI. BY GOVT. PLEADER MR.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.4741 OF 2010 --------------------------------------- Dated this the 29th day of March, 2010. J U D G M E N T The petitioner herein was assigned patta in respect of one acre of land in Survey No.77/1 of Mamkulam village. There are seven Vellakhil trees standing in the patta land. Seeking for permission to cut and remove the said trees, the petitioner submitted an application. According to the petitioner, he is only liable to remit the tree value at the seignorage prevailing at the time of assignment of land in the year 1985, in the light of the judgment in O.P.No.9545/1998. The application of the petitioner was declined as per Exhibit P1(a). Exhibit P3 is the judgment of the Division Bench in W.P.(C) No.35327/2004 relied upon by the petitioner. Based on the same, the petitioner again submitted an application as per Exhibit P4. Aggrieved by the delay in disposal of the application, this writ petition has been filed. 2. Learned Government Pleader contends that Exhibit P3 judgment may not apply herein since the same reflects the W.P.(C) No.4741/2010 2 position considered by this Court on the peculiar facts of the case. All these are matters for the competent authority to consider. Therefore, there will be a direction to the respondent to take a decision on Exhibit P4 in accordance with law within a period of one month from the date of receipt of a copy of this judgment and communicate the result thereof to the petitioner. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp