IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 17067 of 2006(F) -------------------------------------- PETITIONER: ------------------- S.GANESAN, HOUSE NO. 3193, WARD NO,. IX, NEW COLONY, MUNNAR. BY ADV. SRI.JOMY GEORGE. RESPONDENTS: ----------------------- 1. THE DISTRICT COLLECTOR, IDUKKI. 2. THE SUB COLLECTOR, DEVIKULAM. 3. THE TAHSILDAR, DEVIKULAM. 4. THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM. 5. S.RAJAN, VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE, DEVIKULAM. 6. THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1 TO R6. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17067/2006-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DTD. 05/04/1999. EXT.P.2: COPY OF THE MAHAZAR DTD. 05/04/99. EXT.P.3: COPY OF THE PUBLIC NOTICE IN APPENDIX 5, AS PER RULE 12 (1) FOR THE LAND ASSIGNMENT ACT DTD. 15/05/1999. EXT.P.4: COPY OF THE REPRESENTATION DTD. 06/02/2004. EXT.P.5: COPY OF THE JUDGMENT IN W.P.NO. 5863/2004 DTD. 09/06/2005. EXT.P.6: COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, REJECTING THE REQUEST OF THE PETITIONER FOR ASSIGNMENT OF LAND IN HIS FAVOUR DTD. 06/05/2006. EXT.P.7: COPY OF THE RESIDENTIAL OWNERSHIP CERTIFICATE ISSUED TO THE PETITIONER FROM THE PANCHAYAT ON 08/10/1992. EXT.P.8: COPY OF THE ELECTORAL CARD ISSUED TO THE PETITIONER ABOUT 13 YEARS BACK DTD. NIL. EXT.P.9: COPY OF THE CARD ISSUED FROM THE ELECTRICITY BOARD ON 22/12/2003. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.17067 of 2006 ----------------------------------------- Dated this the 5th day of September, 2008 JUDGMENT Petitioner's application for assignment of land was rejected as per Ext.P6. The main contention is that the rejection is without taking into consideration Exts.P2, P3, P7, P8 and P9. On going through the report of the 3rd respondent also it is fairly clear that none of the materials referred to above, especially the possession certificate, ownership certificate etc. have been taken into consideration by the first respondent. Accordingly Ext.P6 is quashed directing the first respondent to pass fresh orders in the matter with notice to the petitioner taking into consideration also the materials referred to above. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.17067 of 2006 ----------------------------------- JUDGMENT 5th September, 2008