IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 OP.No. 25190 of 2001(W) ---------------------------------- PETITIONER(S): ----------------------- POYAKKARA ILLATH MOHAMMED, S/O. KUNHAMMED HAJI, NOW RESIDING AT KAPPATTI HOUSE, PUTHIYA VALAPPIL, KOTTACHERRY, P.O.KAHNAHGAD, DIST. KASARAGOD. BY ADV. SMT.VIDHYA. A.C RESPONDENT(S): ------------------------ 1. THE SECRETARY TO THE GOVERNMENT OF KERALA, REVENUE (L) DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE REVENUE DIVISIONAL OFFICER, KASARAGOD AT KANHENGAD, P.O. KANHENGAD, DIST. KASARAGOD. 4. THE TAHSILDAR, HOSDURG, P.O. KANHENGAD, DIST. KASARAGOD 5. THE TAHSILDAR FOR LAND ASSIGNMENT, HOSDURG, P.O., KANHENGAD, DIST. KASARAGOD. BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.41090/2001 IN OP. NO.25190/2001 DISMISSED 22.10.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER REF. D.DIS. 6037/89 DT. 31.5.89 OF THE 3RD RESPONDENT R.D.O. KASARAGOD. P2:- COPY OF THE ORDER C4.31018/89 DT. 24.4.90 OF THE 2ND RESPONDENT DISTRICT COLLECTOR , KANNUR. P3:- COPY OF THE PETITION DT. 23.5.90 OF THE PETITIONER TO THE IST RESPONDENT. P4:- COPY OF THE ADDITIONAL PETITION DT. 2.7.90 OF THE PETITIONER TO THE IST RESPONDENT. P5:- COPY OF THE PETITION DT. 27.7.90 OF THE PETITIONR TO THE TAHSILDAR (L.A.) HOSDURG. P6:- COPY OF THE REPORT SUBMITTED BY THE REVENUE INSPECTOR, HOSDURG OF THE TAHSILDAR HOSDURG. P7:- COPY OF THE REPORT OF THE DISTRICT COLLECTOR KASARAGOD TO THE IST RESPONDENT REF. CC4-30843/90 DT. 4.9.91 TOGETHER WITH THE SKETHC. P8:- COPY OF THE WRITTEN ARGUMENTS SUBMITTED BY THE PETITIONER'S COUNSEL TO THE IST RESPONDENT ON 21.11.1997. P9:- COPY OF THE ORDER NO.48422/L2/95/RD DT. 4.8.01 OF THE IST RESPONDENT. P10:- SKETCH PLAN OF R/S. 313/4 AND 302/2 SHOWING THE PROPERTY COMPRISED IN 6 ACRES OF LAND IN POSSESION OF THE PETITIONER AND OTHERS AS ALSO THE VARIOUS LANDS ALREADY ASSIGNED TO VARIOUS PERSONS BY THE REVENUE. P11:- COPY OF THE SKETCH PLAN ISSUED BY THE TAHSILDAR (EA) HOSDURG SHOWING ASSIGNMENT OF 2 CENTS OF LAND TO ONE C. ABDUL KHADER L.A. NO.14/90 PANATHUR FOR PETITIONER. KURIAN JOSEPH, J. ----------------------------------------- O.P. No.25190 of 2001 ----------------------------------------- Dated this the 22nd day of October, 2008 JUDGMENT Petitioner is essentially aggrieved since his application for assignment has been rejected by the Government as per Ext.P9 order. One of the main contentions taken by the petitioner is that the order is passed without proper application of mind. It is stated that the reports of the Revenue Inspector and the District Collector (Exts.P6 and P7) were not even referred to by the Government while passing the order. That contention appears to be true also. There is no counter affidavit. I quash Ext.P9. There will be a direction to the first respondent to consider the revision petition filed by the petitioner afresh with notice to the petitioner and pass fresh orders in the matter adverting to the contentions taken by the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The interim order passed by this court will continue till such time. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P. No.25190 of 2001 ----------------------------------- JUDGMENT 22nd October, 2008