IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 28504 of 2008(R) -------------------------------------- PETITIONER: ------------------ N.SANTHA, TC.15/911, NEAR SISU VIHAR SASTHAMANGALAM PO., THIRUVANANTHAPURAM. BY ADV. SRI.P.GOPALAKRISHNAN NAIR RESPONDENTS: ----------------------- 1. LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 3. TAHSILDAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.28504 of 2008 -------------------------- Dated this the 25th September, 2008 J U D G M E N T Petitioner is a resident in Building No.TC 15/911 which is situated in land having an extent of 4.330 cents of land in Sy.No.598 of Sasthamangalam Village in Thiruvananthapuram Taluk. Land lies within the Corporation limits. According to the petitioner, her mother was in occupation of the said property. Thereafter, by legacy she is in possession of the same. She has been paying property tax in favour of the Corporation and water charges also. She also refers to Exhibit P8 certificate issued from the school where she studied for SSLC indicating the building in question as her place of residence. Petitioner is now aged 60. Petitioner sought for assignment of the property and that has been rejected under Exhibit P10. Petitioner has preferred Exhibit P11 appeal before the Commissioner. In the meanwhile, she apprehends threat of eviction from W.P ( C) No.28504 of 2008 2 the property. Assignment of land within Municipal and Corporation Areas are governed by a different set of rules. Such assignment is not governed by the provisions of the Kerala Land Assignment Rules. 2. In these circumstances, it is open to the petitioner to make a fresh application under the provisions of the Assignment of Land within Municipal and Corporation Areas Rules, 1995 before the Competent Authority and if it is so done, it shall be dealt with by the competent authority in accordance with such Rules. Subject to the above right of the petitioner, the writ petition is disposed of. To enable the petitioner to approach the competent authority for assignment of said land, it is directed that the respondents shall not evict the petitioner from the property forming the subject matter of Exhibit P10 for a period of three months from today. It is open to the petitioner to approach the competent authority concerned within the said period and seek appropriate orders. (V.GIRI,JUDGE) ma W.P ( C) No.28504 of 2008 3 W.P ( C) No.28504 of 2008 4