IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 2765 of 2010(U) ------------------------- PETITIONER(S): --------------- 1. T.K.SAYED, S/O.ABDULLA, AGED 39 YEARS, PRESIDENT FRIENDS SWASRAYA SANGHAM, THAYYIL HOUSE, KAMBALAKKAD (P.O), KALPETTA, WAYANAD DISTRICT. 2. C.P.BASHEER, S/O.MUHAMMED, AGED 45 YEARS, SECRETARY,FRIENDS SWASRAYA SANGHAM, CHEMPACHERI PARAMBIL HOUSE, KAMBALAKKAD (P.O), KALPETTA, WAYANAD DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE KOTTATHARA GRAMA PANCHAYATH, REP.BY ITS SECRETARY, KOTTATHARA (P.O), WAYANAD DISTRICT. GOVERNMENT PLEADER, SHRI P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2765/2010-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of February, 2010 J U D G M E N T The petitioners are residing in Kambalakkad area in Wayanad District. They are the President and Secretary of a self help group working in that area. It is the apprehension of the petitioners that about one acre of land in Survey No.165/7, which was the part of the area acquired by the Government for the purpose of Karapuzha Irrigation Project and which is now being used as play ground for the last ten years, will be utilised by the Government for assignment to the members of schedule tribes. The petitioners have submitted several representations to retain that part of the area as a play ground itself as the same is the only play ground available there. Ext.P3 is the request of the Kottathathara Grama Panchayat submitted before the District Collector, Wayanad for retaining the said land as play ground and, Ext.P4 is a copy of the resolution taken by the Grama Panchayat to move the Government in the matter. 2. The learned Government Pleader on instructions submitted that no decision has been arrived at to assign the said area and, if the petitioners are having any W.P.(C). No.2765/2010 -:2:- grievances in the matter, they will have to move the Government for appropriate orders. 3. It is evident from Ext.P4 resolution taken by the Panchayat that they have requested the Government to allow the area mentioned above to be retained as a play ground. Therefore, the petitioners can also move the Government in the matter and, if appropriate representation is filed within a period of two weeks before the Government, the same will be considered along with the request made by the Panchayat within a further period of two months. The petitioners will produce a copy of the writ petition along with a copy of the Judgment for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms