IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 OP.No. 7832 of 2003(G) ---------------------------------- PETITIONER(S): ---------------------- UTHONTHIL KRISHNANKUTTY, JAYA BHAVANAM, THALIPPUZHA, LAKKIDI P.O., WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN, SMT.PREETHI RAMAKRISHNAN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE VILLAGE OFFICER, KUNNATHIDAVAKA VILLAGE, VYTHIRI, WAYANAD. R1 TO R3 BY GOVT. PLEADER SMT.SMITHA SUKUMARAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 7832 of 2003(G) ORDER ON C.M.P. NO.13732/2003 IN O.P. NO. 7832/2003 DISMISSED 07/06/2010. SD/- P.N.RAVINDRAN, JUDGE //TRUE COPY// P.S. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------------------- O.P.No.7832 of 2003 ----------------------------------------- Dated this the 7th day of June, 2010 JUDGMENT This writ petition was filed on 6-3-2003 seeking the following reliefs:- a) issue a writ of certiorari or other appropriate writ or order quashing and setting aside all proceedings initiated to distribute the property covered by Exts.P1, P2 and P3 amongst Scheduled Tribes, as proposed in Ext.P4. b) issue a writ of mandamus or other appropriate writ or order restraining the respondents from identifying and distributing the property covered by Exts.P1, P2 and P3 amongst Adivasis as proposed in Ext.P4. c) Hold that the respondents have no right to identify or distribute the petitioner's property covered by Exts.P1, P2 and P3 amongst schedule tribes. 2. The writ petition filed under the apprehension that the lands belonging to the petitioners have been earmarked for assignment to persons belonging to the Scheduled Tribes. Learned counsel for the petitioner submitted that in the counter affidavit filed by the first respondent it is stated that lands identified for distribution among the Scheduled Tribes have been handed over to the Revenue Department and that the petitioner is not in possession of the aforesaid lands. The learned counsel for the petitioner submitted that in such O.P.No.7832 of 2003 -:2:- circumstances, as the petitioner is not apprehending any action by the respondents in respect of the lands in his possession the original petition may be dismissed as withdrawn reserving liberty with the petitioner to move this Court afresh if occasion arises in future. In the light of the aforesaid submissions this writ petition is dismissed as withdrawn leaving open the petitioner's contentions and reserving liberty with him to move this Court afresh if steps are taken in future to assign any portion of the land in possession of the petitioner to any other person. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- O.P.No.7832 of 2003 ---------------------------- JUDGMENT 7th June, 2010