IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 22ND AUGUST 2011 / 31ST SRAVANA 1933 WP(C).No. 22740 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- 1. K.J.JOSE, S/O. JOSEPH, RAJA C5, RAINBOW GRADENS, KOCHI-682033. 2. K.A. DEVASSYKUTTY, KOYIKKARA HOUSE, KANJOOR.P.O., ERNAKULAM DISTRICT. BY ADVS. SRI.K.REGHU KOTTAPPURAM SRI.M.MUKESH RESPONDENT(S): -------------------- 1. THE VILLAGE OFFICER, CHINNAKKANAL VILLAGE OFFICER, CHINNAKKANAL, UDUMBANCHOLA TALUK, DISTRICT IDUKKI - 685 554. 2. THE SPECIAL TAHASILDAR(LA), RAJAKUMARI, RAJAKKAD.P.O., UDUMBANCHOLA TALUK, DIST. IDUKKI - 685 566. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, PAINAVU, IDUKKI - 685 603. BY GOVT. PLEADER SMT. SUSHEELA BHATT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 22740/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PATTA NO.LA 109/93/C DATED 15/07/1994 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF SALE DEED NO.2498/2005. P3: COPY OF SALE DDED NO.2499/2005. P4: COPY OF NOTIFICATION VIDE G.O.(P)NO.456/2010/RD DATED 16/11/2010. P5: COPY OF RECEIPT NO.18 DATED 03/12/2010 ISSUED BY VILLAGE OFFICER. P6: COPY OF REPRESENTATION DATED 01/08/2011 SENT BY THE 1ST PETITIONER. P7: COPY OF REPRESENTATION DATED 01/08/2011 SENT BY THE 2ND PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 22740 OF 2011 ----------------------------------------------------- Dated this the 22nd day of August , 2011 J U D G M E N T Ext.P1 is a patta issued in favour of one P.Thankappan from whom petitioners claim to have obtained the property by Ext.P2 and Ext.P3 sale deeds. According to the petitioners by clause 3 of the patta there was a restriction on alienation of the property and that the said restriction incorporated pursuant to Rule 15 was deleted as per Ext.P4 amendment to Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 1.1.1977) Special Rules, 1993. It is stated that on the issuance of Ext.P4 amendment, petitioners submitted the patta for deletion of the said condition and despite having acknowledged the receipt by Ext.P4, the process has not been completed and that led the petitioner to file this writ petition. 2. However, the learned Government Pleader on instructions submits that condition 11 of Ext.P1 patta indicates that the patta issued is provisional and is subject to the final out W.P.(C) No. 22740 OF 2011 :2 : come of the case mentioned therein. It is stated that the litigation has attained finality pursuant to the judgment of the Apex Court and that now those who have submitted provisional pattas similar to that of Ext.P1, to the authorities are being verified for regularizing assignment. It is submitted that the said process is continuing and on completion thereof, final orders on the petitioners' claim will be passed. 3. If the facts are as stated by the Government Pleader, it is for the respondents to complete the process and pass final orders on the request made by the petitioner and this shall be done as expeditiously as possible. The writ petition is disposed of as above. ANTONY DOMINIC, JUDGE ul/-