IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 17110 of 2005(J) -------------------------------------- PETITIONER(S): ----------------------- 1. SUBBIAH, S/O.SIBBIAH, AGED 54 YEARS, IKKA NAGAR, COLONY ROAD, MUNNAR P.O., IDUKKI DISTRICT. 2. PARVATHY, W/O.PERUMAL, AGED 45 YEARS, COLONY, MUNNAR P.O., IDUKKI DISTRICT. 3. KALAISELVI, W/O.VIJAYAN, AGED 40 YEARS, COLONY, MUNNAR P.O., IDUKKI DISTRICT. 4. MEENAKSHI, W/O.MATHIYALAKAN, AGED 24 YEARS, COLONY, MUNNAR P.O., IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17110/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE POSSESSION CERTIFICATE NO.139/2002 DT. 11.2.02 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE PETITIONER. P2:- COPY OF THE CASTE CERTIFICATE NO.J2-3663/04 DT. 30.3.04 ISSUED BY THE 3RD RESPONDENT IN THE NAME OF THE IST PETITIONER. P3:- COPY OF THE CHEQUE NO.393110 DT. 27.11.04 ISSUED BY THE SECRETARY OF PANCHAYATH IN THE NAME OF IST PETITIONER TOWARDS THE INSTALLMENT OF HOUSE CONSTRUCTION GRANT. P4:- COPY OF THE POSSESSION CERTIFICATE NO.899/1996 DT. 23.9.96 ISSUED BY THE VILLAGE OFFICER KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE 2ND PETITIONER. P5:- COPY OF THE POSSESSION CERTIFICATE NO.897/99 DT. 23.9.96 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE 3RD PETITIONER. P6:- COPY OF THE POSSESSION CERTIFICATE NO.896/96 DT. 23.9.96 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE IN THE NAME OF THE 4TH PETITIONER. P7:- COPY OF THE COMMUNICATION NO.1638/A2 DT. 1.2.96 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. P8:- COPY OF THE REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO.G-4- 814 DT. 6.9.72 ADDRESS TO THE IST RESPONDENT GOVERNMENT. P9:- COPY OF THE REPLY OF THE GOVERNMENT TO STUDY REPORT NO.6053/U2/73/RD DT. 18.8.74 ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLLECTOR. P10:- COPY OF THE LATES EXTENDED INTERIM ORDER OF THIS HONOURABLE COURT PASSED IN WPC. NO.811/05 DT. 19.5.05. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.17110 OF 2005 --------------------------------------- Dated this the 15th day of October, 2008. J U D G M E N T This writ petition is filed mainly with the following prayer: i) Issue a Writ of Mandamus directing the respondents 1 and 2 to regularize the possession of the petitioners by virtue of Ext.P1, P4, P5 and P6 documents by issuing orders of assignment either as per the Rules framed under the Kerala Land Assignment Act or as per the Rules framed under the Kanan Devan Hills (Resumption of Land) Act. There will be a direction to the second respondent/ competent authority to look into the applications filed by the petitioners, with notice to them, and pass appropriate orders thereon in accordance with law, expeditiously. Till orders are passed as above, interim order passed by this Court will continue. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 17110 OF 2005 J U D G M E N T 15.10.2008