IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 1315 of 2011(L) ------------------------------------- PETITIONER(S): ----------------------- JAYALEKSHMI,AGED 52 YERAS, W/O.PALANI SWAMI, POWER HOUSE DIVISION, PALLIVASAL ESTATE, MUNNAR P.O., BY ADV. SRI.A.T.ANILKUMAR SMT.V. SHYLAJA RESPONDENT(S): -------------------------- 1. THE BOARD OF REVENUE THIRUVANANTHAPURAM-695 001 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT PIN-685 601 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM-PIN-685 613 4. THE VILLAGE OFFICER, PALLIVASAL VILLAGE, PALLIVASAL-PIN-685 565 5. THE TAHSILDAR, DEVIKULAM-PIN-685 613 6. C.RAMAR, S/O.CHELLAPPANANDI AGED 68 YRS,AT PALLIVASAL POWER HOUSE DIVISION, MUNNAR, PIN-685612 7. C.MARIMUTHU, S/O.CHELLAIGH, PALLIVASAL POWER HOUSE DIVISION,MUNNAR-PIN-685 612 * ADDL.R8 TH IMPLEADED * ADDL.R8: COMMISSIONER FOR LAND REVENUE, STATE OF KERALA. * IS IMPLEADED SUO MOTU AS PER ORDER DATED 14/02/2011 IN WP(C)NO.1315/2011 R1 TO R5 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts P.R.RAMACHANDRA MENON, J. ``````````````````````````````````````````````````````` W.P.(C) No. 1315 of 2011 L ``````````````````````````````````````````````````````` Dated this the 14th day of February, 2011 J U D G M E N T Petitioner has approached this Court with the following prayers:- “ (i) Call for the entire records leading to Exts.P9 and P10 and quash the same by issuing a writ of certiorari or any other appropriate writ. (ii) Issue a writ of mandamus or any other appropriate writ order or direction thereby direct the respondent No.5 to take immediate steps to issue pattayam in the name of the petitioner, in respect of the property covered in Ext.P1. (iii) Issue a writ of mandamus or any other appropriate writ order or direction there direct respondents 2 to 5 not to evict the petitioner from Ext.P1 property.” 2. This is the second round of litigation. Case of the petitioner is that she is having possession over 10 cents of W.P.(C) No.1315/2011 : 2 : land which was being enjoyed by her from 1986. Construction of a residential building therein was sought to be intercepted by the fourth respondent, which made her to approach this Court by filing W.P(C) No.468/2006, leading to Ext.P6 judgment. As borne by Ext.P6, the second respondent was directed to consider Exts.P3 and P4 applications for assignment of land and in the meanwhile, the building was numbered and electric connection and water connection were given by the concerned authorities. Pursuant to Ext.P6 verdict, the second respondent considered the matter and passed Ext.P9 order, rejecting the application for assignment; firstly for the reason that the documents produced by the petitioner were fabricated and secondly, that another extent of property had already been assigned in the name of the petitioner's husband. Being aggrieved, the petitioner preferred Ext.P11 appeal before the first respondent and it is pending. Learned counsel for the petitioner submits that appropriate direction may be issued to the first respondent to W.P.(C) No.1315/2011 : 3 : consider and finalise the same. 3. Heard the learned Government Pleader as well, who brought to the notice of this Court that the matter has actually to be dealt with by the Commissioner for Land Revenue, as the Board of Revenue is no more. 4. In the above circumstances, the Commissioner for Land Revenue, State of Kerala is directed to consider Ext.P11 and pass appropriate orders thereon, in accordance with law, after giving an opportunity of hearing to the petitioner, as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment. 5. For pursuing further steps, the Commissioner for Land Revenue, State of Kerala is suo motu impleaded as the additional 8th respondent and the learned Government Pleader entered appearance on behalf of the said respondent as well. 6. Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the additional 8th W.P.(C) No.1315/2011 : 4 : respondent for taking further steps. Writ petition is disposed of as above. Sd/- (P.R.RAMACHANDRA MENON, JUDGE) aks // True Copy // P.A. To Judge