IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 2715 of 2008(W) --------------------------------------- PETITIONER: -------------------- THANKAM VARASSIAR, D/O. LAKSHMIKUTTY VARASSIAR, NEERIKODE WARRIAM, NEERIKODE POST (VIA), ALANGAD, ALUVA-683 511, ERNAKULAM DISTRICT. BY ADV. SRI.G.HARIHARAN RESPONDENTS: ------------------------- 1. DEPUTY COLLECTOR, LAND TRIBUNAL, KOTTAYAM. 2. ASSISTANT DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NORTH PARAVOOR P.O. 3. DEPUTY COLLECTOR (LR), LAND TRIBUNAL, COLLECTORATE, ERNAKULAM. BY GOVERNMENT PLEADER SRI. M.R. SABU BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.2715/2008 W APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION DTD. 17/07/1995 ISSUED FROM THE OFFICE OF THE SPECIAL TAHSILDAR (LR) VYPEEN. EXT.P2: COPY OF THE JUDGMENT MADE IN O.P.NO.12917/1997 DTD. 09/03/2006. EXT.P3: COPY OF THE COMMUNICATION DTD. 20/08/2006 SENT FROM THE 1ST RESPONDENT'S OFFICE. EXT.P4: COPY OF THE COMMUNICATION DTD. 09/02/2007 ISSUED FROM THE 3RD RESPONDENT'S OFFICE. EXT.P5: COPY OF THE NOTICE ISSUED UNDER SECTION 72(F)(2) OF THE LAND REFORMS ACT IN THE NAME OF SIMILARLY PLACED PERSON. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 2715 OF 2008 ----------------------------------------------- Dated this the 28th day of March, 2008 JUDGMENT The delay in assigning the jenmam right is the subject matter of this writ petition. Application made before the Land Tribunal, Vypeen and the application for assignment was transferred to Land Tribunal, Kottayam which refused the same. Challenging the said order the petitioner approached this Court. This Court disposed of OP No. 12917 of 1997 by Ext.P2 judgment quashing the order of the Land Tribunal and directing that orders may be passed by the 1st respondent afresh. 2. However, it is now stated that it is the 3rd respondent who is the competent authority to pass orders. It is also seen that the 3rd respondent has initiated proceedings by issuing Ext.P4 on 09.02.07. According to the petitioner since the files are missing, relevant documents were again produced by her. Even thereafter final orders are not passed and hence this writ petition. 3. Since the 3rd respondent is the competent authority and who had also initiated proceedings by Ext.P4, pursuant to Ext.P2 WPC No. 2715 OF 2008 2 judgment of this Court, this writ petition is disposed of directing that the 3rd respondent shall continue and conclude the proceedings as expeditiously as possible, at any rate within three months of production of a copy of this judgment. 4. It is directed that before final orders are passed, the petitioner as also the 2nd respondent shall be given notice and opportunity of making their representation in the matter. Petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. ANTONY DOMINIC, JUDGE ttb WPC No. 2715 OF 2008 3