IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 30TH JUNE 2011 / 9TH ASHADHA 1933 WP(C).No. 12239 of 2009(Y) -------------------------- PETITIONERS: --------------- 1. V.C. SPUTNIC, S/O.V.C.CHANCHAN, VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 2. MOTTILAL, S/O.V.C.CHANCHAN, VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 3. V.C.PRAKASAN,S/O.V.C.CHANCHAN, VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 4. V.C.PRASANNAN,S/O.V.C.CHANCHAN VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 5. V.C.THIMMAYYA,S/O.V.C.CHANCHAN VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 6. KUNJAN BAVA,S/O.V.C.CHANCHAN VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 7. THEVAN, S/O.V.C.CHANCHAN VENGATTU HOUSE, KORANKOTTA, VADUTHALA P.O. 8. PURUSHOTHAMAN, VALIYATHARA PARAMBIL, VADUTHALA - (Expired) 9. JANAKI KRISHNAN, KATTITHARA HOUSE, KURUMKOTTA, VADUTHALA P.O.,ERNAKULAM. 10. XAVIER MOHAN, KOLARIKKAL HOUSE, VADUTHALA P.O., KOCHI-682 023. * 11. SUSHEELA PURUSHOTHAMAN, AGED. 79 YEARS, W/O LATE PURUSHOTHAMAN, VALIYATHARAPARAMBIL, KOROMKOTTA, VADUTHALA. *12. NANDANAN V.P., AGED 52 YEARS, S/O LATE PURUSHOTHAMAN, VALIYATHARAPARAMBIL, KOROMKOTTA, VADUTHALA P.O. *13. PUNKAJAKSHAN V.P., AGED 50, S/O LATE PURUSHOTHAM, VALIYATHARAPARAMBIL, KOROMKOTTA, VADUTHALA P.O., *14. JIJY SATHISH, AGED 48, W/O SATHISH, KOTTAPURATHU HOUSE, KTHRIKKADAVU, KALOOR. W.P.(C) NO. 12239 OF 2009 *15. KUTTAN V.P., AGED 46 YEARS, S/O LATE PURUSHOTHAMAN, VALIYATHARAPARAMBIL, KOROMKOTTA, VADUTHALA P.O., *16. JILJY ANIL, AGED. 44 YEARS, W/O ANIL, CHILLIKUDATHIL HOUSE, PARAVURTHARA, PARAVUR. (* Legal heirs of the deceased 8th petitioner are impleaded as additional petitioners 11 to 16 vide order dated 16.02.2010 in I.A. No. 1949 of 2010) BY ADV. MS. AYSHA YOUSEFF MS. MOLLY JACOB MS. M.KABANI DINESH MS. BOBY M.SEKHAR MR. JOBI.A.THAMPI MS. RABIA BEEGAM T.K. RESPONDENTS: --------------- 1. DISTRICT COLLECTOR, ERNAKULAM, KAKKANAD, KOCHI-21. 2. TAHSILDAR, KANAYANNUR, ERNAKULAM, KOCHI-11. 3. VILLAGE OFFICER, CHERANELLUR,ERNKULAM. 4. STATE OF KERALA REPRESENTED BY THE SECRETARRY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETRIAT,THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR. T. K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 12239 OF 2009 APPENDIX PETITIONER'S EXHIBITS : EXT. P1 : TRUE COPY OF THE MAHAZAR PREPARED BY THE VILLAGE OFFICER, CHERANELLUR. EXT. P2 : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY TAHSILDAR, KANAYANNUR TO THE 1ST PETITIONER. EXT. P2(a) : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY THE TAHSILDAR, KANAYANNUR TO THE 2ND PETITIONER. EXT. P2(b) : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY THE TAHSILDAR, KANAYANNUR TO THE 3RD PETITIONER. EXT. P2(c) : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY THE TAHSILDAR KANAYANNUR TO THE 4TH PETITIONER. EXT. P2(d) : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY THE TAHASILDAR, KANAYANNUR TO THE 5TH PETITIONER. EXT. P2(e) : TRUE COPY OF THE POSSESSIONR ECORD DATED 27.04.2007 ISSUED BY THE TAHASILDAR KANAYANNUR TO THE 6TH PETITIONER. EXT. R2(f) : TRUE COPY OF THE POSSESSION RECORD DATED 27.04.2007 ISSUED BY THE TAHASILDAR KANAYANNUR TO THE 8TH PETI- TIONER. EXT. P3 : TRUE COPY OF THE REPRESENTATION DATED 28.10.2008 SUBMITTED TO THE HONOURABLE MINISTER FOR REVENUE EXT. P4 : TRUE COPY OF THE LETTER NO. L1 70293/2008 DATED 04.12.2008 OF THE DISTRICT COLLECTOR TO THE TAHSILDAR, KANAYANNUR EXT. P5 : TRUE COPY OF THE REPORT NO. 477/08 DATED 08.01.2009 OF THE VILLAGE OFFICER TO THE TAHSILDAR, KANAYANNUR EXT. P6 : TRUE COPY OF THE REPORT OF THE TAHSILDAR, KANAYANNUR TO THE DISTRICT COLLECTOR VIDE PROCEEDINGS NO. L3 - 553 /09 DATED 21.01.2009 EXT. P7 : TRUE COPY OF THE JUDGMENT IN S.A. 492 OF 1996. /TRUE COPY/ P.A. TO JUDGE P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 12239 of 2009 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 30th June , 2011 JUDGMENT The petitioner has approached this Court with the following prayers : i. to declare that the petitioners are eligible and entitled to the assignment of land in their possession and enjoyment. ii. to issue a writ of mandamus to the respondents to assign the lands in their possession and enjoyment and as sought for in the application without any further delay. iii. to issue a writ of mandamus to the respondents to consider the representation of the petitioners and in particular tha 2. During the pendency of the proceedings, the petitioner filed I.A. No. 10025 of 2011, seeking for a direction to be issued to the first respondent to dispose of Ext. P3 within a reasonable time. The learned counsel for the petitioner submits that, the petitioner will be satisfied, if a direction is given to the first respondent to dispose of Ext. P3 within a time frame and that the writ petition can be closed accordingly.. 3. The learned Government Pleader appearing for the respondents submits that Ext. P3 in fact is preferred before the concerned Minister. However, going by the contents of Ext. P3, it seen W.P. (C) No. 12239 of 2009 : 2 : that the same has been forwarded to the first respondent for taking necessary follow-up action. It is further revealed that the first respondent has called for a report from the concerned Tahasildar vide Ext. P4 and that the matter is still to be finalized by the first respondent. 4. In the said circumstances, the writ petition is disposed of, directing the first respondent to pass appropriate orders on Ext. P3 in accordance with law, as expeditiously as possible, at any rate, within 'three months' from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment along with copy of the writ petition before the first respondent for further steps. P. R. RAMACHANDRA MENON, JUDGE kmd