IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 1ST JANUARY 2009 / 11TH POUSHA 1930 WP(C).No. 13647 of 2008(Y) -------------------------- PETITIONER(S): --------------- SMT.KAMALA, W/O.RAVICHANDRAN, AGED 36 YEARS, H.NO.X/1389, MUNNAR COLONY, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, TO BE REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. SHRI.M.P.SREEKRISHNAN, GOVERNMENT PLEADER FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.13647/2008 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CERTIFICATE OF POSSESSION NO.1197/1997 DATED 20/07/1997 ISSUED BY the VILLAGE OFFICER KANAN DEVAN HILLS VILLAGE. P2 : COPY OF the RESIDENTIAL/OWNERSHIP CERTIFICATE NO.A-3-302 DATED 12/12/1992 ISSUED BY the EXECUTIVE OFFICER, MUNNAR GRAMA PANCHAYAT IN THE NAME OF THE PETITIONER. P3 : COPY OF RELEVANT PAGE OF THE RATION CARD OF THE PETITIONER'S FAMILY. P4 : COPY OF ELECTORAL IDENTITY CARD OF THE PETITIONER ISSUED BY THE ELECTION COMMISSION IN THE NAME OF the PETITIONER. P5 : COPY OF THE COMMUNICATION NO.1638/A2 DATED 01/02/1996 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. P6 : COPY OF THE REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO.G-4- 814 DATED 06/09/1972 ADDRESSED TO THE 1ST RESPONDENT GOVERNMENT. P7 : COPY OF REPLY OF THE GOVERNMENT TO EXT.P6 STUDY REPORT NO.6053/U2/73/RD DATED 18/08/1974 ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLLECTOR. P8 : COPY OF RELEVANT PAGES OF KANAN DEVAN HILLS (RESERVATION AND ASSIGNMENT OF VESTED LANDS) RULES 1977. P9 : COPY OF INTERIM ORDER PASSED BY THIS HONOURABLE COURT IN WPC NO.30070/2006 DATED 03/08/2007. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13647 of 2008 --------------------------------- Dated, this the 1st day of January, 2009 J U D G M E N T In this writ petition, all what is complained of by the petitioner is regarding the threat of illegal eviction from the property in her possession. 2. In paragraph 4 of the counter affidavit filed, it is stated thus :- “It is submitted that her pretension on illegal dispossession of land is baseless as the action being taken by the revenue authorities is in accordance with the existing rules. Therefore, there has been no move on the part of respondent to evict the petitioner illegally as alleged. Since the land is not set apart for assignment by the land board, a decision at Government level is required to assign the land to landless agriculturist and agricultural labourers. Due to wide spread complaints regarding encroachment in Govt. land with the support of bogus pattayams in Devikulam Taluk especially KDH village, enquiries at police vigilance as well as departmental level are going on.” 3. Now that the respondents have stated that the eviction, if any, of the petitioner will be in accordance with the Rules, that commitment should redress the grievance of the writ petitioner. Therefore, recording the statements in paragraph 4 of the counter affidavit, the writ petition is closed. (ANTONY DOMINIC, JUDGE) jg