IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 26571 of 2011(V) -------------------------- PETITIONER(S): --------------- R.SAROJADEVI, W/O.LATE GANGADHARAN ACHARI, KALEELAZHIKATHU HOUSE, KANJIRACODE, KUNDARA P.O., KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SMT.REVATHY P.NAIR RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM DISTRICT-691 001. 2. THE REVENUE DIVISIONAL OFFICER, KOLLAM, KOLLAMD DISTRICT-691 001. 3. THE TAHSILDAR, TALUK OFFICE, KOKLLAM-691 001. 4. THE ADDITIONAL TAHSILDAR, TALUK OFFICE, KOLLAM DISTRICT-691 001. 5. THE VILLAGE OFFICER, MKULAVANA VILLAGE OFFICE, KOLLAM DISTRICT-691 001. ADV. DR.K.P.SATHEESAN FOR ADDL.R6 SRI.M.R.JAYAPRASAD FOR ADDL.R6 SRI.P.MOHANDAS (ERNAKULAM) FOR ADDL.R6 SRI.MATHEW SUNNY FOR ADDL.R6 SRI.ANOOP.V.NAIR FOR ADDL.R6 GP SRI. MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26571 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE RELEASE DEED IN FAVOUR OF THE PETITIONER DT.29/6/2001. EXHIBIT P2: TRUE COPY OF THE TAX RECEIPT DT.23/3/2011. EXHIBIT P3: TRUE COPY OF THE ORIGINAL TITLE DEED DT.27/4/1965. EXHIBIT P4: TRUE COPY OF THE LOCATION CERTIFICATE ISSUED BY THE VILLAGE OFFICER, MULAVANA. EXHIBIT P5: TRUE COPY OF THE RIGHT TO INFORMATION ACT DT.16/05. EXHIBIT P6: TRUE COPY OF THE APPLICATION DT.20/7/2011. (True copy) P.A To Judge ANTONY DOMINIC, J ....................................................... W.P.(C).26571/2011 .............................................. Dated this the 27th day of October, 2011 JUDGMENT The prayers sought in the writ petition are as follows:- (i). Issue a writ of mandamus or any other appropriate writ or order directing the respondents to issue the order of assignment vide Order No.L.A.4/84 PIR No.425/86 31/5/86. (ii). To issue a declaration that petitioner is entitled to an order of assignment in view of the fact that she has been in possession of 8 cents of property in Mulavana Village appurtenant to property in R.S.512/3 of the very same Village. 2. In the light of the prayers and also in the light of the positive assertion made by the petitioner that the land in question was assigned to the petitioner's husband by order dated 31.5.1986 , this Court passed order dated 10.10.2011 directing the learned Government Pleader to ascertain as to whether any such order was passed. On instructions from the third respondent, the learned Government Pleader submits, not only that no such order was passed as claimed by the petitioner but also that not even an application for assignment is seen received from the petitioner W.P.(C).26571/11 2 pertaining to the land in question. In such circumstances, I am not inclined to entertain the writ petition. Writ petition fails and it is dismissed. ANTONY DOMINIC, Judge mrcs