IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 RP.No. 1287 of 2008(R) ---------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.28504/2008 DATED 25/09/2008 .................... REVIEW PETITIONER: ------------------------------- N.SANTHA, TC.15/911, NEAR SISU VIHAR, SASTHAMANGALAM PO., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS: ----------------------- 1. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. TAHSILDAR, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER SRI. P.N. SANTHOSH. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/12/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. V. GIRI, J. ------------------------------- RP.1287/2008 in WP(C).NO.28504 of 2008 --------------------------------- Dated this the 5th day of December, 2008 JUDGMENT By judgment dated 25.9.2008, I had directed the petitioner to approach the competent authority under the assignment of land within the Municipal and Corporation Areas Rules, 1995 and also issued a direction to the said authority to consider the petitioner's application. The review petition has been filed by the petitioner on the premise that Ext.P10 challenged in the writ petition was not specifically quashed. 2. I make it clear that the direction issued by this court in the judgment enabling the petitioner to move an application for assignment was on the premise that such application shall be considered by the competent authority without reference to Ext.P10. In other words, in dealing with the petitioner's application the competent authority under the assignment of land within the Municipal and Corporation Areas Rules 1995 shall deal with such application on merits without being influenced by Ext.P10. WPC.26278 /2008 2 3. In circumstances where the petitioner has already approached the competent authority on 25.10.2008, it is only appropriate that the petitioner shall not be evicted from the property in question till the decision is taken on the said application by the competent authority. Subject to the above clarification, the review petition is disposed of. V. GIRI, JUDGE. pmn/ WPC.26278 /2008 3