IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 4TH AUGUST 2009 / 13TH SRAVANA 1931 OP.No. 31603 of 1999(K) ----------------------- PETITIONER(S): --------------- 1. K.K. KOCHADICHAN, SON OF KANDA, KARIMUNDAKKAL (H), PERINGASSERY P.O. THODUPUZHA TALUK, IDUKKI DIST. 2. K.A. GOPALAN, SON OF K.K.KOCHADICHAN, KARIMUNDAKKAL (H), PERINGASSERY P.O. 3. K.K. RAJAN, DO.DO. 4. K.K. LALU, DO.DO. 5. K.K. SUSEELA, DAUGHTER OF K.K KOCHADICHAN, DO.DO. BY ADV. DR.K.P.KYLASANATHA PILLAY SRI.P.SREEKUMAR SRI.B.PRABHAT KUMAR SMT.SREEDEVI KYLASANATH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO THE GOVT., REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE,PYNAVU. 4. THE REVENUE DIVISIONAL OFFICER, THODUPUZHA. 5. THE SPECIAL TAHSILDAR, LAND ASSIGNMENT NO.I, THODUPUZHA. ADDL 6. K.A. SIVARAMAN, SON OF KOCHADICHAN, AGED 52, KARIMUNDAKKAL HOUSE, PERINGSSERY P.O., THODUPUZHA TALUK, IDUKKI DIST. ADDL. 7. K.. SARADA, WIFE OF PRATHAPAN, AGED 49, KARIMUNDAKKAL HOUSE, DO.DO. ADDL. 8. K.K. CHANDRASEKHARAN, SON OF KOCHADICHAN, AGED 47,DO.DO. ADDL. 9. K.K. UCZYZ HZNU, SON OF DO., AGED 43, DO.DO ADDL.10.K.K. SHYAMALA, WIFE OF PRATHA CHANDRAN, AGED 48, DO.DO ADDL. R6 TO R10 ARE IMPLEADED AS PER ORDER DATED 14.6.2000 ON CMP 15590/2000 R1 TO R5 BY G.P. SRI. MATHEW VADAKKEL R6 TO R10 BY ADV. SRI.P.CHANDY JOSEPH THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING 2 ORDER ON CMP 53803 OF 1999 IN OP 31603 OF 1999 DISMISSED 4.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SKETCH OF THE PROPERTY OWNED AND POSSESSED BY THE PETITIONERS. EXT.P2 TRUE COPY OF THE RELEVANT PORTION OF THE ELECTORAL ROLL. EXT.P2(a) TRUE COPIES OF THE IDENTITY CARDS ISSUED TO THE PETITIONERS BY THE ELECTION COMMISSION. EXT.P3 TRUE COPY OF THE RECEIPT ISSUED BY THE UDUMPANNOOR PANCHAYATH IN RESPECT OF RECEIPT OF BUILDING TAX FROM THE PETITIONERS. EXT.P4 TRUE COPY OF THE ORDER D.DIS. 2676/49/DD DATED 2.11.1949 OF THE GOVERN, OF UNITED STATE OF TRAVANCORE AND COCHIN. EXT.P5 TRUE COPY OF THE NOTICE NO. A2-79/93 DATED 8.7.1993 OF THE FIFTH RESPONDENT. EXT.P6 TRUE COPY OF THE NEWS ITEM PUBLISHED IN HINDU DAILY. EXT.P7 TRUE COPY OF THE PETITION FILED BY THE FIRST PETITION ON 27.11.99 BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 31603 OF 1999 -------------------------------------------- Dated this the 4th day of August, 2009 JUDGMENT O.P. is filed by the petitioners for direction to the respondents to assign land to them under the Tribal Settlement Scheme and not to include their names among ineligible persons. Government Pleader submitted that all the petitioners are eligible for getting record of right in respect of the land which is a heritable property but not transferable. There is also denial by the Government of assignment of land to ineligible persons. I therefore close the OP recording the submission of the Government but with direction to respondents 3 to 5 to grant eligible right to the petitioners over the property under the Tribal Settlement Scheme without any delay. Since petitioners launched a complaint before the second respondent against inclusion of ineligible persons, there will be direction to the second respondent to enquire into the matter and if any irregularity has taken place, the same should be rectified. (C.N. RAMACHANDRAN NAIR) Judge kk 2