IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 OP.No. 15425 of 2003(J) ------------------------------- PETITIONERS: ------------------- 1. ELSY MATHAI, KOONAMAKKAL SINGHUKANDAM, HOUSE NO. VIII/747 (OLD NUMBER) CHINNAKKANAL. 2. MATHAI, KONAMMAKKAL, SINGHUKANDAM, HOUSE NO. VIII/747 (OLD NUMBER) CHINNAKKANAL 3. C.PALRAJ S/O. CHINNAPPAN, HOUSE NO. VIII/748 (OLD NUMBER) CHINNAKKANAL BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM 2. DISTRICT COLLECTOR, IDUKKI 3. TAHSILDAR, UDUMBANCHOLA. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON IA. NO.7918/03, 10136/03 IN OP. NO.15425/2003 DISMISSED 24.09.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE SALE DEED NO.1026/1993 DT. 27.7.1993. P2:- COPY OF THE APPLICATION DT. 20.6.1969 SUBMITTED BY THE 2ND PETITIONER BEFORE THE VILLAGE OFFICER, CHINNAKKANAL. P3:- COPY OF THE POSSESSION CERTIFICATE DT. 1.7.1969 ISSUED BY THE VILLAGE OFFICER, CHINNAKANAL TO THE 2ND PETITIONER. P4:- COPY OF THE TAX RECEIPT NO.4 DT. 28.10.99. P5:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A4-10/01 DT. 24.10.01 ISSUED BY THE CHINNAKANAL GRAMA PANCHAYAT. P6: COPY OF THE PHOTOGRAPH. P7:- COPY OF THE PHOTOGRAPH. P8:- COPY OF THE PHOTOGRAPH. P9:- COPY OF THE PHOTOGRAPH. P10:- COPY OF THE RESIDENTIAL CERTIFICATE NO.A2-153/03 DT. 24.1.03 ISSUED TO THE 3RD PETITIONER BY THE CHINNAKANAL GRAMA PANCHAYAT. P11:- COPY OF THE APPLICATION SUBMTITED BY THE 3RD PETITIONER BEFORE THE VILLAGE OFFICER, CHINNAKANAL DT. 20.6.1969. P12:- COPY OF THE POSSESSION CERTIFICATE DT. 1.7.69 ISSUED BY the VILLAGE OFFICER, CHINNAKANAL TO THE 3RD PETITIONER. P13:- COPY OF THE PHOTOGRAPH. P14:- COPY OF THE PHOTOGRAPH. P15:- COPY OF THE PHOTOGRAPH. P16:- COPY OF THE PHOTOGRAPH. P17:- COPY OF THE PHOTOGRAPH. P18:- COPY OF THE PHOTOGRAPH. P19:- COPY OF THE PETITION SUBMITTED BY THE PETITIONERS 1 AND 2 BEFORE THE IST RESPONDENT DT. 29.4.03. P20:- COPY OF THE PETITION SUBMITTED BY THE 3RD PETITIONER BEFORE THE IST RESPONDENT DT. 29.4.03. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- O.P.No.15425 of 2003 ---------------------------------------------- Dated 24th September, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- “(1) To call for the records relating to Exts.P1 to P20 and to issue a writ of mandamus commanding the respondents not to evict the petitioners from their property covered by Exts.P1, P3, P4, P5, P10 and P12 documents. (2) To issue a writ of mandamus commanding the respondents to take immediate steps to assign the land to the petitioners and also to declare that the lands in the possession of the petitioners are not liable to be assigned to tribals or Adivasis. (3) To issue a writ of mandamus commanding the first respondent to consider and dispose of Exts.P19 and P20 petitions.” There will be a direction to the first respondent to consider Exts.P19 and P20 petitions, taking note also of the intervening developments with notice to the petitioners, and pass appropriate orders thereon in accordance with law, expeditiously. The interim order passed by this court will continue till orders are passed as above. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.15425 of 2003 ---------------------------------------------- J U D G M E N T Dated 24th September, 2008.