IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH AUGUST 2011 / 3RD BHADRA 1933 WP(C).No. 23154 of 2011(T) -------------------------- PETITIONER(S): --------------- MARKOSE, AGED 52, S/O.OUSEPH, PERUMALIL HOUSE, PEECHI VILLAGE, THRISSUR TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE SPECIAL TAHSILDAR LAND ASSIGNMENT, CHEMBUKAVU, THRISSUR. SENIOR GOVERNMENT PLEADER M.J.RAJASHREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23154 of 2011(T) 2 PETITIONERS EXHIBITS: EXT.P1 : A TRUE COPY OF THE FORM OF ORDER OF ASSIGNMENT ON REGISTRY BEARING NO.LAP 2610/PNY DATED 31.12.1974 EXT.P2 : A TRUE COPY OF THE PARTITION DEED EXECUTED BY THE LEGAL REPRESENTATIVE OF LATE OUSEPH AS DOCUMENT 1991/87 DATED 11.5.1987 OF THE OLLUKARA SUB REGISTRY RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE pm ANTONY DOMINIC, J ----------------------------------------- W.P(C) No. 23154 of 2011 ------------------------------------------ Dated this the 25th day of August, 2011. JUDGMENT Petitioner says that his father late Ouseph had obtained assignment of property in Survey No.1317/44/1 of Panamchery village evidenced by Exhibit P1. It is stated that subsequently by way of Exhibit P2 document of partition, the property was allotted to his share and that he has been in possession and enjoyment of the property. His grievance is that inspite of Exhibit P1 order of assignment issued way back on 31.12.1974, patta was not issued and he says that he made several applications and there was no response. However, apart from making the averments, no written application made by the petitioner or his father has been produced before this Court. 2. In such circumstances, I direct that it will be open to the petitioner to make an application to the 3rd respondent , in which event the 3rd respondent shall take necessary action thereon in the light of Exhibit P1. It is directed that if an application so is filed, 3rd respondent will consider and deal with the same at any W.P(C) No. 23154 of 2011 2 rate within eight weeks thereafter. Petitioner shall produce copy of this judgment along with copy of the writ petition for compliance. The writ petition is disposed of as above. sd/- ANTONY DOMINIC JUDGE rkc //TRUE COPY// PA TO JUDGE