IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 5700 of 2010(J) ------------------------- PETITIONER(S): --------------- A.DAMODARAN NAIR, S/O.E.M.KRISHNAN NAMBIAR,R/AT HARINILAYAM, ALANADUKKAI,MUNNAD POST,CHENGALA VIA, KASARAGOD DISTRICT. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS PRINCIPAL SECRETARY,REVENUE DEPARTMENT,GOVT. SECRETARAITE,THIRUVANANTHAPURAM. 2. COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR,KASARAGOD. 4. THE TAHSILDAR,KASARAGOD. GOVERNMENT PLEADER SRI. DILEP MOHAN FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the order of the RDO dt.6/7/1976 to the petitioner. Ext.P2. True copy of the Order dt.10.11.2009 issued by the 4th respondent to the petitioner. Ext.P3. True copy of the patta with the endorsement by the Tahsildar dt. 23.10.2009. // true copy // P.S to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5700 OF 2010(J) -------------------------------------------------- Dated this the 9th day of September, 2010 J U D G M E N T What is essentially sought for in this writ petition is a direction for taking action consequential to Ext.P2 order. Petitioner submits that as per the order in LA.No.192/68 dated 9.10.1969, an extent of 2.29 ares of land in Sy. No.832/1-A of Bedadka Village(now in R..632/1A of Munnad Village) was assigned to the petitioner. However, by Ext.P1 proceedings of the Sub Collector, the Tahsildar was asked to reconsider the matter. Accordingly, Ext.P2 proceedings were issued by the Tahsildar cancelling the assignment in LA.No.192/68 dated 9.10.1969 and directing that revised order of assignment and patta will be issued to the petitioner, for the land having an extent of 1.95 acres in R.S. No.832/1-A. Petitioner was also directed to surrender original patta within 7 days of the said order. Complaining that despite Ext.P2, revised order of assignment and patta were not issued, the writ petition is filed. 2. Respondents have filed a counter affidavit. In the counter affidavit what they contend is that as per the direction in Ext.P2 WPC.No. 5700/2010 :2 : petitioner is required to surrender the original order of assignment and patta, but the petitioner surrendered only the patta and not the original assignment order. According to them, because of this default on the part of the petitioner, the revised order of assignment and patta could not be issued. 3. In the light of the contentions thus raised in the counter affidavit all that is necessary is to direct the respondents to issue revised order of assignment and patta to the petitioner on the petitioner surrendering original assignment oder. Therefore, I direct that the petitioner shall surrender original assignment order to the 4th respondent and on surrender thereof, the 4th respondent shall issue revised order of assignment and patta, at any rate within 8 weeks thereafter. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 5700/2010 :3 :