IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 WP(C).No. 34168 of 2007(P) ------------------------------------- PETITIONER: ------------------- THE ALLEPPEY UNIT CLUB, BEACH ROAD, ALAPPUZHA, REPRESENTED BY ITS PRESIDENT, PHILIP VADAKKEKALAM, S/O. PHILIP. BY ADV. SMT.T.D.RAJALAKSHMI SRI.E.R.VENKATESWARAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. 3. THE TAHSILDAR, TALUK OFFICE, AMBALAPPUZHA. BY GOVERNMENT PLEADER SRI. P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 34168/2007 P APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE CERTIFICATE DT. 26/09/81 BY THE VILLAGE OFFICER, ALLEPPEY WEST. EXT.P2. COPY OF THE GO MS NO. 174/70/LRD DT. 6/6/70. EXT.P3. COPY OF THE SKETCH PREPARED BY THE VILLAGE OFFICER IN RESPECT OF PETITIONER'S PROPERTY. EXT.P4. COPY OF THE ORDER OF THE RENEAL OF LEASE DT. 26/7/05 BY THE R2. EXT.P5. COPY OF THE RECEIPT DT. 4/6/07 BY THE VILLAGE OFFICER, ALAPPUZHA(W). EXT.P6. COPY OF THE APPLICATION FOR ASSIGNMENT OF LAND DT. 1/08/2006 BEFORE THE R2. EXT.P7. COPY OF THE ORDER NO. C2. 17742/04 DT. 4/08/06 BY THE R3. EXT.P8. COPY OF THE LETTER DT. 18/10/2007 OF THE R3. EXT.P8A. COPY OF THE CIRCULAR LETTER NO. 48925/A1/06 DT. 12/06/06 OF THE ADDL. CHIEF SECRETARY. EXT.P9. COPY OF THE REPRESENTATION DT. 28/08/2006 FILED BEFORE THE REVENUE MINISTER. EXT.P10. COPY OF THE REPRESENTATION DT. 2/2/07 FILED BEFORE THE PRL. SECRETARY, REVENUE DEPT. RESPONDENT'S EXHIBITS NIL. True copy tga ANTONY DOMINIC, J. = = = = = = = = = = = = = = W.P.(C) No. 34168 OF 2007 P = = = = = = = = = = = = = = Dated this the 29th February, 2008 J U D G M E N T The prayer in this writ petition is to quash Ext. P7 and to direct the 3rd respondent to pass orders on Ext. P6 application for assignment of the land mentioned therein. 2. Petitioner is a club. It is stated by the petitioner that they had applied for assignment of 97 cents in Sy. No. 915/1-2 of Alappuzha West Village. According to them it was decided by the Government to grant them assignment, but, however, while the matter was in progress Ext. P8 order was issued by the 1st respondent directing that the steps taken for assignment of Government/puramboke land to organisations and institutions in all districts may be kept in abeyance with immediate effect. It is stated that following Ext. P8, the steps taken for assignment has been stopped and it is challenging Ext. P8 this writ petition has been filed. W.P.(C) No. 34168 OF 2007 - 2 - 3. Learned counsel for the petitioner would argue that the assignment of land is governed by the Assignment of Land Within Municipal and Corporation Areas Rules, 1995 framed under the Kerala Land Assignment Rules. Therefore, counsel would argue that it is not open to the respondents to issue a general order in the nature of Ext. P8 directing that land shall not be assigned any more. 3. I am not in a position to agree with the counsel. True, the rules mentioned above provides for assignment of land. But, however, the rule contemplates availability of government land for assignment. If land was available for assignment, the assignment of such land shall be only in the manner indicated in the rules. But in this case the government have taken a policy decision to keep in abeyance all proposals. Such being the case it necessarily means that the availability of land for assignment is at least frozen for the present. 4. If that be so, the petitioner cannot ask for a direction from this Court to require the government to assign the land against the policy of the government not to assign the land. That apart, since the land belongs to the government it is alwlays open to the W.P.(C) No. 34168 OF 2007 - 3 - Government to decide not to grant any further assignment. In that view of the matter, I do not find anything irregular in Ext. P8. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-