IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 WP(C).No. 26624 of 2011(C) ------------------------------- PETITIONER(S): --------------- SUMATHY NARAYANAN, KANIPARAMBIL HOUSE, MAJAPRA, NARANGANAM WEST P.O., PATHANAMTHITTA DIST. BY ADVS. DR. K.P.SATHEESAN SRI. M.R. JAYAPRASAD SRI. P. MOHANDAS(EKM) SRI. MATHEW SUNNY SRI. ANOOP V. NAIR RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN-689 645 3. THE TAHSILDAR, KOZHANCHERRY TAULK, TALUK OFFICE,KOZHANCHERRY, PATHANAMTHITTA DISTRICT PIN-689 641 4. THE ADDITINAL TAHSILDAR, KOZHANCHERRY TALUK, TALUK OFFICE, KOZHENCHERRY, PATHANAMTHITTA DISTRICT ,PIN-689 641 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS WP(C).No. 26624 /2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 :- COPY OF THE COMMUNICATION GIVEN BY THE REVENUE MINISTE'S OFFICE DATED 18-12-1998 EXT.P2 :- COPY OF THE REPRESENTAIN FILED BY THE PETITIONERS HUSBAND BEFORE THE 2ND RESPONDNET DATED 28.12.1999 EXT.P3 :- COPY OF THE REPRESENTATION FILED BY THE PETITIONERS HUSBAND DATED 5/1/1999 EXT.P4 :- COPY OF THE DEATH CERTIFICATE ISSUED BY THE THIRUVALLA MUNICIPALITY DATED 2/12/2002 EXT.P5 :- COPY OF RELEVANT PAGES OF THE RATION CARD GIVEN TO THE PETITIONER'S FAMILY EXT.P6 :- COPY OF THE CERTIFICATE GIVEN BY THE KERALA STATE ELECTRICITY BOARD TO THE PETITIONER'S HOUSE FROM 10-1-2007 EXT.P7 :- COPY OF THE RESIDENTIAL CERTIFICATE ISSUED BY THE SECRETARY, NARAGANAM GRAMA PANCHAYAT,DATED 28/12/2009 EXT.P8 :- COPY OF THE REPRESENTAION FILED BY THE PETITINER DATED 3/2/2011 EXT.P9 :- COPY OF THE REPLY GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER DATED 8/7/2011. EXT.P10:- COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 21/7/201 EXT.P11:- COPY OF THE LETTER GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 18/8/2011 EXT.P12:- COPY OF THE LETTER GIVEN BYTHE PETITIONER DATED 24/8/11 EXT.P13:- COPY OF THE LETTER NO.C2-14056/11 DATED 29-8-2011 ISSUED BY THE 3RD RESPONDENT. EXT. P14:- COPY OF THE LETTER GIVEN BY THE 3RD RESPONDENT TO THE PETITIONER DATED 10.12.2011. RESPONDENTS' EXHIBITS : NIL / TRUE COPY / P.A. TO JUDGE NS ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No.26624 of 2011 ---------------------------------------- Dated this the 23rd day of December, 2011 JUDGMENT Petitioner made an application for assignment of 2.42 ares of land comprised in Re-survey No.12/10 of Block No.14 in Naranganam Village in Kozhancherry Taluk. In that application Ext.P13 communication was issued by the Tahsildar stating inter alia that on enquiry it was found that the petitioner does not occupy the land. It is further stated that in any case further action on the application will be taken. Case of the petitioner is that she is occupying the land that she has ration card and other records substantiate her claim. It is also her case that enquiry was made without notice to her. 2. In this writ petition, Government Pleader has got instructions and according to the learned Government Pleader, actually, Re-Survey No. of the property is 12/13 and not 12/10 as claimed. It is also stated, in respect of very same property petitioner's son has also made an application for assignment. W.P.C. No. 26624 OF 2011 -2- 3. If there is a mistake in the re-survey number shown in application that can be corrected by the petitioner. However, as far as the rival contentions made for assignment of land is concerned, that is a matter to be enquired into by the 3rd respondent with notice to the rival claimants and a decision on the matter has to be taken. Therefore, I dispose of the writ petition directing that the 3rd respondent with due notice to the petitioner and her son also, and disposed of the application made by both of them. This shall be done, as expeditiously as possible, at any rate within eight weeks of receipt of a copy of the judgment. ANTONY DOMINIC, JUDGE. Kp/-