IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH MARCH 2010 / 18TH PHALGUNA 1931 WP(C).No. 7472 of 2010(H) ------------------------------------- PETITIONER: ------------------- ST.THOMAS JACOBITE SYRIAN CHURCH, NORTH PARAVUR, ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY, JACOB ERALIL, AGED 54 YEARS, SON OF ABRAHAM. BY ADVS. MR.H.B.SHENOY, MR.B.ASHOK SHENOY, SMT.LAKSHMI B.SHENOY, MR.ABU MATHEW, MR.SOBHAN GEORGE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, RAVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, CIVIL STATION, KAKKANAD, KOCHI-682 030. 3. THE TAHSILDAR, PARAVUR TALUK, NORTH PARAVUR, ERNAKULAM DISTRICT. 4. THE VILLAGE OFFICER, NORTH PARAVUR VILLAGE OFFICE, NORTH PARAVUR, ERNAKULAM DISTRICT. R1 TO R4 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.7472 OF 2010 --------------------------------------- Dated this the 9th day of March, 2010. J U D G M E N T The petitioner is an ancient Church situated in North Paravur town of Ernakulam District, in about 1 Acre 55 cents of land comprised in Survey Nos.242/23, 242/23A, 242/23B and 242/20 of North Paravur Village in Paravur Taluk of Ernakulam District, bounded by compound walls. It is stated that the compound wall is existing ever since 29.11.1566 A.D. when the Church was established. Out of the total extent, 1 Acre 45 cents have already been settled in favour of the petitioner by the rulers of erstwhile State of Travancore. The remaining 10 cents is even now noted as 'Purampokku' which is in Survey No.242/20 but the same is in the possession and enjoyment of the petitioner. The said property is lying within the petitioner's compound wall. It is averred that in respect of the same, there is a lease under the Kuthakapattom Rules without time limit. 2. Seeking for assignment of the said 10 cents, the petitioner has submitted a representation as per Exhibit P1. Exhibit P2 is a further representation filed by the petitioner before W.P.(C) No.7472/2010 2 the Minister for Revenue as also before the respondents 2 to 4. Exhibit P3 shows that the representation submitted by the petitioner has been forwarded by the Minister for Revenue for appropriate action to the 2nd respondent. It is averred in the writ petition that Exhibit P1 application has been registered and is pending consideration as File No.B1-13204/2006 in 3rd respondent's office. Since there is no final order in the matter of assignment, the petitioner has filed this writ petition seeking for a direction to the 3rd respondent to take appropriate action within a time limit. There will be a direction to the 3rd respondent to process the application and initiate appropriate proceedings and finalise the same within a period of three months from the date of receipt of a copy of this judgment after hearing the petitioner and any other necessary parties. The petitioner will produce a copy of this judgment along with copy of the writ petition before the 3rd respondent for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp