IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932 WP(C).No. 15531 of 2010(N) -------------------------- PETITIONER(S): --------------- 1. BHARATHI AMMA, THACHETTU HOUSE, (SARASWATHI MANDIRAM), MANAKKADU KARA, THODUPUZHA. 2. JAYAKUMAR, RESIDING DO. BY ADV. SRI.UNNIKRISHNAN.V.ALAPATT RESPONDENT(S): --------------- 1. THE TAHASILDAR (LAND ACQUISITION) THODUPUZHA. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT. 3. THE PRINCIPAL SECRETARY (REVENUE) GOVERNMENT OF KERALA. GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15531/2010-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of May, 2010 J U D G M E N T The first petitioner was the owner of 7.16 cents of property in Survey No.820/2/9 of Manakkad Village and the second petitioner, who is the son of the first petitioner, was the owner of 5 cents of property in Survey No.820/2/11 of the same village. Both these properties were lying together and the whole family is residing in the house situated in the property of the first petitioner. 2. It is averred in the writ petition that the entire property belonging to the first petitioner and a portion of the property of the second petitioner to an extent of 4.57 cents, were acquired for the construction of the Vengalloor-Kolani road. Compensation has been awarded to the first and second petitioners and the amounts have been disbursed also. The petitioners could not utilise any portion of these amounts in view of the liabilities which had to be cleared to the Punjab National Bank, local branch and the Manakkadu Service Co-operative Bank. In these circumstances, they are not in a position to purchase any other property for moving out from the property in question. Now, they are in possession of only half cents of property. According to them, if they get three cents of W.P.(C). No.15531/2010 -:2:- property they will be able to construct a house therein. Therefore, they are seeking assignment of three cents of property to erect a building for the residence of the family. Accordingly, they moved the authorities concerned and the application has been recommended by the Village Officer, Manakkad going by Ext.P1 report which was submitted before the Tahsildar, Thodupuzha. Ext.P2 is the order passed by the District Collector wherein these aspects have been pointed out. It is clear from Ext.P2 that the District Collector has forwarded a report to the Government for appropriate orders regarding the plea raised by the petitioners for assignment. It is also evident from Ext.P2 that alternate land is available for rehabilitation of the persons affected, in terms of the rehabilitation programme of the K.S.T.P. 3. The learned counsel for the petitioners submitted that unless urgent orders are passed by the Government, the petitioners will be in difficulty, especially, in view of the forthcoming monsoon. Therefore, there will be a direction to the third respondent-Government to take a decision in terms of the report submitted by the Tahsildar as well as that of the District Collector as is evident from Ext.P2 within a period of two months from the date of W.P.(C). No.15531/2010 -:3:- receipt of a copy of this Judgment. The petitioners will forward a copy of the writ petition along with a copy of this Judgment to the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms