IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 19TH JUNE 2008 / 29TH JYAISHTA 1930 WP(C).No. 4500 of 2005(I) ------------------------- PETITIONER: ------------ N.MADHUVAN NAIR, EXPARE TROOPER NO.2550327 RESIDING AT PUSHPA VILASAM, ALTHARA MOODU P.O., VIA.ALAMCODE, CHIRAYINKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.J.JAYAKUMAR RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, COLLECTORATE VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE SECRETARY, REVENUE DEPARTMENT (LR) SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF DISABILSITY CERTIFICATE ISSUED BY SURGICAL SPECIALIST DATED 4.8.87 EXT.P2 TRUE COPY OF THE ORDER ISSUED BY THE LAND COMMISSIONER DATED 23.11.1994 EXT.P3 TRUE COPY OF ORDER ISSUED BY THE 3RD RESPONDENT TO THE 2ND RESPONDENT DATED 10.5.1999 EXT.P4 TRUE COPY OF LETTER ISSUED BY THE 2ND RESPONDENT TO THE REGISTRAR, HUMAN RIGHTS COMMISSION, TRIVANDRUM DATED 12.6.2002 EXT.P5 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO RESPONDENT DATED 17.3.2004 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 4500 OF 2005 -------------------------------------------- Dated this the 19th day of June, 2008 JUDGMENT Petitioner is a disabled ex-serviceman who lost his leg during war. On petitioner's request, Government vide Ext.P3 order dated 10.5.1999 directed the District Collector, Trivandrum to assign 50 cents of land to the petitioner. The District Collector vide Ext.P4 dated 12.6.2002 identified the land and forwarded the proposal to assign the said land to the petitioner to the government. However, Government returned the proposal stating that land identified by the District Collector is surplus land surrendered by declarant under the KLR Act which cannot be assigned to the petitioner, as the land has to be assigned to landless agricultural labourers. Petitioner's case is that alternate land is not identified and assigned to the petitioner in terms of Ext.P3 order issued nine years back. Government has also no case that surrendered land identified by the District Collector for assignment to the petitioner is assigned to agricultural labourers as contemplated under the KLR Act. Since petitioner's entitlement for assignment of 50 2 cents of land under Ext.P4 is not disputed by the Government, and since District Collector has not identified any other land for assignment as an alternative to his earlier proposal, there is no justification for the Government to decline permission to the District Collector to assign the land referred to in Ext.P4. W.P. is accordingly disposed of directing the second respondent to locate and assign alternate land and if the same is not possible within two months from the date of production of a copy of this judgment by the petitioner, then the District Collector will assign the land referred to in Ext.P4 within one month following, that is within three months from the date of production of a copy of this judgment. Petitioner will produce a copy of this judgment before the second respsondent for compliance. (C.N. RAMACHANDRAN NAIR) Judge kk 3