IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 12525 of 2005(N) ---------------------------------- PETITIONERS: ----------------- 1. MANI, S/O.CHELLIAH, AGED 40 YEARS, LEKSHMI WEST DIVISION, MUNNAR P.O. IDUKKI DISTRICT. 2. BALAJI, S/O.CHELLIAH, AGED 38 YEARS, LEKSHMI WEST DIVISON, MUNNAR P.O. IDUKKI DISTRICT. 3. PANEER, S/O.KURUPPASWAMY, AGED 49 YEARS, NALLATHANNI, NADAYAR SOUTH, MUNNAR P.O. IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS SRI.T.S.RAJAN RESPONDENTS: ------------------ 1. STATE OF KERALA, TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER FOR SRI. NOBLE MATHEW. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 12525/2005 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF the POSSESSION CERTIFICATE No.1592/2002 DATED 11.2.02, ISSUED TO THE 1ST PETITIONER. EXT. P2 : COPY OF THE POSSESSION CERTIFICATE No.1596/03 DATED 11.2.02, ISSUED TO the 2ND PETITIONER. EXT. P3 : COPY OF INCOME CERTIFICATE No.2115/04 DATED 10.6.04, ISSUED TO the 1ST PETITIONER. EXT. P4 : COPY OF INCOME CERTIFICATE No.2116/2004 DATED 10.6.04, ISSUED TO the 2ND PETITIONER. EXT. P5 : COPY OF CASTE CERTIFICATE No.J2.6921/04 K.DIS DATED 19.6.2004, ISSUED TO THE 2ND PETITIONER. EXT. P6 : COPY OF POSSESSION CERTIFICATE No.304/2002 DATED 5.2.02 ISSUED TO THE 3RD PETITIONER. EXT. P7 : COPY OF CASTE CERTIFICATE No.J2-3589/04K.DIS DATED 6.4.04 ISSUED TO THE 3RD PETITIONER. EXT. P8 : COPY OF CHEQUE No.139269 FOR RS.7500/- ISSUED FROM the MUNNAR GRAMA PANCHAYATH, ISSUED TO the 3RD PETITIONER. EXT. P9 : COPY OF COMMUNICATION No.1638/A2 DATED 1.2.1996. EXT. P10 : COPY OF REPORT OF THE 2ND RESPONDENT DTD. 6.9.72. EXT. P11 : COPY OF THE REPLY OF THE GOVERNMENT TO EXHIBIT P10 REPORT No.6053/02/73/RD DATED 18.8.74. EXT. P12 : COPY OF THE INTERIM ORDER IN W.P.(C) No.9169/05 DATED 1.4.05. // True Copy // P.A. to Judge. smp KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No. 12525 OF 2005 --------------------------------------- Dated this the 4th day of July, 2008. J U D G M E N T This writ petition is filed with the following prayers: i) Call for the records from the respondents concerning the land covered by Ext. P1, P2 and P6 and Exts.P9 to P11 and related to the issue raised in the W.P.(C). ii) Issue a writ of mandamus directing the respondents not to dispossess the petitioners from their properties covered by Ext.P1, P2 and P6 documents during the pendency of proceedings for assignment in their favour. iii) Issue a writ of mandamus directing the respondents 1 and 2 to regularize the possession of the petitioners by virtue of Ext.P1, P2 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 Kannan Devan Hills (Resumption of Land) Act. Since applications for assignment are pending, there will be a direction to the second respondent to look into the applications filed by the petitioners, with notice to them and pass appropriate orders thereon in accordance with law, expeditiously. Interim order passed by this Court will continue till such time. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 12525 OF 2005 J U D G M E N T 04.07.2008