IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WA.No. 390 of 2009 --------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.3704/2009 DATED 05/02/2009. .................... APPELLANT/ PETITIONER: -------------------------------------- C.A.ABDUL RAHIM, S/O.ABDUL RAUF, CHENNAMPILLY HOUSE,CHERANALLUR.P.O, COCHIN- 682 304. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.T.R.SADEESAN, MR.T.S.SHYAM PRASANTH. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. THE DISTRICT COLLECTOR,ERNAKULAM. 2. THE TAHSILDAR, KANAYANNUR TALUK, KANAYANNUR, ERNAKULAM. 3. THE COMMISSIONER OF LAND REVENUE, TRIVANDRUM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,GOVT.SECRETARIAT TRIVANDRUM. R1 TO R4 BY GOVT. PLEADER MR. M.P. SREEKRISHNAN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 19/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy,Ag.C.J. & V.Giri, J. ---------------------------------------- W.A. No. 390 of 2009 ---------------------------------------- Dated this the 19th day of February, 2009 Judgment Koshy, Ag.C.J. It is the case of the petitioner that petitioner and brothers are in possession of 33 cents of land. Their father was in possession of the same for more than a half century. When they approached this court when proceedings for eviction was taken, this court directed the District Collector to take a decision on their application for assignment. According to the petitioner, the land was going to be allotted to persons evicted from the place acquired for the International Container Transshipment Terminal project. It is a public project. Since the land is necessary for the public purpose, the application for assignment by the petitioner was rejected by the District Collector by Ext.P13. Petitioner filed appeal to the Government as can be seen from Annexure C. In the above circumstances, the question of assignment has to be finally decided by the Commissioner of Land Revenue under rule 21 of the Kerala Land Assignment Rules, 1964. In the above circumstances, we direct the third respondent to dispose of Annexure C appeal on merit as expeditiously as possible, in any event, within two months from today after giving notice to the petitioner untrammelled W.A.No.390/2009 2 by the observations of the learned single Judge. Till orders are passed on Annexure C appeal, status quo shall be maintained. The writ appeal is allowed. J.B.Koshy Acting Chief Justice V. Giri Judge vaa