IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 32168 of 2011(U) -------------------------------------- PETITIONER: ------------------- P.E.RAVI,S/O. KOCHITTATHI, AGED 49 YEARS, PUNCHAKUZHIYIL HOUSE, MUTHIRAPUZHA, KONNATHADY P.O., IDUKKI DISTRICT. BY ADVS. SRI.ALEXANDER JOSEPH, SRI.M.V.SABU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY DEPARTMENT OF REVENUE, STATE SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT COLLECTOR, IDUKKI, PAINAVU, IDUKKI DISTRICT - 685 603. 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT - 685 613. 4. THE TAHSILDAR, DEVIKULAM TALUK, IDUKKI DISTRICT - 685 603. 5. THE VILLAGE OFFICER, MANNAMKANDAM VILLAGE, ADIMALI, IDUKKI DISTRICT - 685 561. R1 TO R5 BY SR. GOVT. PLEADER SMT. M.J. RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.32168/2011-U: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE LICENCE DATED 13-9-1994 ISSUED BY THE MANNAMKANDAM PANCHAYAT. EXT.P2: TRUE COPY OF THE JUDGEMENT DATED 16.6.06 IN OP NO.4922/02. EXT.P3: TRUE COPY OF THE ORDER DATED 19-5-10 OF THE 2ND RESPONDENT. EXT.P4: TRUE COPY OF THE MAHAZAR PREPARED BY THE 5TH RESPONDENT AND SUBMITTED TO THE 4TH RESPONDENT. EXT.P5: TRUE COPY OF THE SKETH OF THE PROPERTY IN R.S.NO.722/5 OF MANNAMKANDAM VILLAGE. EXT.P6: TRUE COPY OF THE REPRESENTATION DATED 12.8.2011 SUBMITTED TO THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE REPRESENTATION DATED 26.9.2011 SUBMITTED TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 32168 of 2011 U ``````````````````````````````````````````````````````````` Dated this the 19th day of December, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Essentially what is sought for by the petitioner is a direction for the implementation of Ext.P3 order passed by the second respondent requiring the third respondent to lease out 1x2 metres of land in Survey No.728/5 of Block No.5 of Mannamkandam village, to the petitioner. According to the petitioner, though this order issued as early as on 19.05.2010, so far, consequential action has not been taken and the delay in the matter led him to file this writ petition. 2. However, learned Government Pleader, on instructions, submits that in the aforesaid survey number, police quarters and court complex are situated and that the Tahsildar has reported that in view of that, it is not possible to let out any portion of the said property to the petitioner. It is also submitted that therefore steps are being taken to identify a suitable alternate plot for allotment to the petitioner W.P.(C) No.32168/2011 : 2 : as ordered in Ext.P3. 3. As already seen, what is complained of in this writ petition is the delay in implementing Ext.P3 order. Although more than one year has elapsed since the issuance of Ext.P3, fact remains that it was on account of the impracticability of the plot mentioned in Ext.P3 that the delay occurred. Since according to the respondents, steps are being taken for identifying an alternate plot, I direct that the respondents shall identify an alternate plot, in view of the plot ordered in Ext.P3 and on that basis, the same shall be allotted to the petitioner. This process shall be completed, at any rate, within three months from the date of production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/19/12 // True Copy // P.A. To Judge