IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 12TH MARCH 2010 / 21ST PHALGUNA 1931 WP(C).No. 6276 of 2010(H) ------------------------------------- PETITIONER: ------------------- K.E.THOMAS,KARIMPUNKALAYIL HOUSE, NENMENI P.O, S.BATHERY, WAYANAD. BY ADV. MR.P.N.PURUSHOTHAMA KAIMAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,WAYANAD,KALPETTA. 3. THE NENMENI GRAMA PANCHAYAT, REP.BY ITS SECRETARY, NENMENI P.O,SULTHAN BATHERY,WAYANAD. R1 & R2 BY GOVT. PLEADER MR. P. NARAYANAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.6276 OF 2010 --------------------------------------- Dated this the 12th day of March, 2010. J U D G M E N T The petitioner is an ex-service man. He is a landless person and is residing with his family in panchayath puramboke to an extent of 2.5 cents. Exhibit P1 is the document showing his possession of the said extent of land which is in Ward No.II of Nenmeni panchayath, Sulthan Batheri Taluk. 2. Because of the flood which occurred on 09.07.2004, damage was caused to the petitioner's building, which is evident from Exhibit P2. For getting building permit, the petitioner submitted an application Exhibit P3. But, that was not acceded to by the 3rd respondent on the ground that permanent construction cannot be allowed in the panchayath's property, as per Exhibit P4. In the light of the above, the petitioner filed Exhibit P5 representation along with required form for getting assignment of the land in his possession before the 2nd respondent. W.P.(C) No.6276/2010 2 3. Learned counsel for the petitioner submitted that being an ex-service man, the petitioner is entitled for preference in the matter of assignment and even otherwise he is entitled to be treated with compassion. There will be a direction to the 2nd respondent District Collector to consider Exhibit P5 on its merits and after getting due reports from the revenue officers concerned, appropriate action will be taken in the matter with regard to the claim for assignment of the land by the petitioner. The action shall be finalised within a period of three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp