IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 OP.No. 9717 of 1994(F) ---------------------- PETITIONER(S): --------------- A.V. VEERARAGHAVA IYER & CO., SABHAVATHY KOIL STREET OF CHALAI, TRIVANDRUM REPRESENTED BY ITS PARTNER, R. VEERA RAGHAVAN. BY ADV. SRI.KUNNATHUKAL V.SUKUMARAN NAIR SRI. EASOW MATHEW. RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESNTED BY ITS CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, TRIVANDRUM. 3. TAHSILDAR (ASSIGNMENT), TALUK OFFICE, TRIVANDRUM. ADV. GOVT.PLEADER SRI. M.R. SABU. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 9717 of 1994 EXT.P1: COPY OF THE TAX RECEIPT DTD 7.2.94. EXT.P2: COPY OF THE APPLICATION FILED BY THE PETITONER DTD 1.6.84. EXT.P3: COPY OF THE NOTICE DTD 13.8.84 ISSUED BY R3. EXT.P4: COPY OF THE LETTER NO.RS 9379/84, DT 5.9.84. EXT.P5: COPY OF THE LETTER NO.LTP/48257/84, DT. 26.6.85. EXT.P5(a): COPY OF THE RESOLUTION DATED 24.6.85. EXT.P6: COPY OF THE LETTER NO.G1-6251/85, DTD 3.5.85. EXT.P7: COPY OF THE LETTER NO.LA2-421/84, DTD. 1.11.91. EXT.P8; COPY OF THE REPRESENTATION FILED BY THE PETITONER DATED 14.10.91. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No. 9717 OF 1994 ---------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT The petitioner claims to be in possession of certain Government land, in respect of which the predecessors-in- interest of the petitioner obtained lease from the Government. According to the petitioner, the petitioner got assignment of the lease from the predecessors-in-interest and the petitioner has been paying lease rent in respect of the same. The petitioner has applied for assignment of the land on the ground that the petitioner needs land for beneficial enjoyment of their other lands. Although all authorities have granted No Objection Certificate in the matter of assignment of land to the petitioner, the respondents are not taking steps to assign the land to the petitioner, is the grievance raised in the original petition. The petitioner, therefore, seeks the following reliefs: “(a) a writ of mandamus or any other appropriate writ, order or direction directing the respondents to assign 1.20 cents of land in Sy.No.2444/40 of Thycaud village with O.P.No.9717/94 2 the building in favour of the petitioner disposing Ext.P2 application, as proposed in Ext.P7 of the 3 rd respondent. b) Issue a writ of mandamus or any other appropriate writ or direction directing the 1 st respondent to dispose of Ext.P8 representation”. At the time of filing of the original petition, another original petition namely, O.P.No.8410/1990, in respect of the same subject matter was pending before this Court, filed by a rival claimant. Learned Counsel for the petitioner submits that, that original petition has been disposed of directing the Revenue Divisional Officer to consider the matter. 2. Learned Government Pleader submits that the difficulty in dealing with the application of the petitioner was pendency of that original petition. Now that, that original petition has been disposed of, there cannot be any hindrance for finalising the proceedings in respect of the petitioner either way. Accordingly, this original petition is disposed of with a direction to the respondents to see that final orders are passed on application for assignment submitted by the petitioner, after hearing all parties including the petitioner in O.P.No.9717/94 3 O.P.No.8410/1990, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE Acd