IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 12TH FEBRUARY 2009 / 23RD MAGHA 1930 WA.No. 1395 of 2006(E) --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.29604/2000 Dated 01/06/2006 .................... APPELLANTS/ PETITIONERS: -------------------------- 1. PARVATHY, W/O. ANDY APPU, KAITHACHIRA, KAYARADY P.O., NENMARA, PALAKKAD DISTRICT. 2. ANDY APPU, S/O. VELLA, KAITHACHIRA, KAYARADY P.O., NENMARA, PALAKKAD DISTRICT. BY ADV. SRI.A.X.VARGHESE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE SECRETARY, REVENUE DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT, PALAKKAD. 4. THE TAHSILDAR, CHITTOOR TALUK, PALAKKAD DISTRICT. 5. THE VILLAGE OFFICER, KAYARADY VILLAGE, KAYARADY P.O., PALAKKAD DISTRICT GOVERNMENT PLEADER SMT.K.MEERA FOR R1 TO R5 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.1395 of 2006 - E =============================== Dated this the 12th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Appellants/petitioners purchased about 3 acres 45 cents of land of rubber plantation from one Kunchu to whom the said land was allotted by the Government for rubber cultivation. Later, appellants applied for assignment of the said land under the Rules for Assignment of Government Lands for Rubber Plantation. By Ext.P15, 4th respondent informed the appellants that for such assignment the appellants have to pay the land value at the rate of Rs.1,250/- per cent along with 25 % of the market value as Forest Revenue and the loan amount with interest payable by the original allottee. By Ext.P15 the first appellant was asked to confirm whether she is willing to pay the said amount and to produce a consent letter to that effect. The contention of the appellants is that neither Ext.P2 Government Order nor Ext.P3 Rule was applied by the authorities in the proper sense. Appellants also produced land assignment order given to various W.A.No.1395 of 2006 - E 2 other persons and it is stated that when the Government allotted the land for rubber cultivation specific condition was made even though the petitioner was not an assignee of the original allottee, same conditions should apply. In these circumstances, we set aside Ext.P15 and we direct 3rd and 4th respondents to pass fresh orders with notice to the appellants for passing orders afresh considering their contentions also. Accordingly, we dispose of the writ appeal. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-