IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 27749 of 2006(C) -------------------------- PETITIONER(S): --------------- SREE KRISHNA VILASOM N.S.S.KARAYOGAM, KULASEKHARAPURAM, KARUNAGAPPALLY, QUILON DISTRICT, REP. BY ITS PRESIDENT SRI.S.RAJENDRA PRASAD. BY ADV. SRI.SELJUM P.EMMANNUEL RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, QUILON. 3. THE TAHSILDAR, KARUNAGAPPALLY, QUILON DISTRICT. GOVERNMENT PLEADER SHRI M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27749 of 2009 A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF APPLICATION UNDER SECTION 3 OF THE ACT 30 OF 1960 FOR ASSIGNMENT OF LAND DATED 14/02/1983 SUBMITTED BY THE PETITIONER. EXT.P2 TRUE COPY OF COMMUNICATION DATED 24/08/1992 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. EXT.P3 TRUE COPY OF THE REPLY DATED 14/09/1992 SENT BY PETITIONER TO THE THIRD RESPONDENT. EXT.P4 TRUE COPY OF THE NOTICE DATED 24/06/1993 ISSUED BY THE THIRD RESPONDENT. EXT.P5 TRUE COPY OF THE RESOLUTION NO.VIII(7) DATED 26/07/1993 OF THE KULASEKHARAPURAM PANCHAYAT. EXT.P6 TRUE COPY OF THE LETTER DATED 12/10/1993 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P7 TRUE COPY OF LETTER DATED 29/10/1993 SENT BY PETITIONER TO THE THIRD RESPONDENT. EXT.P8 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER TO THE SECOND RESPONDENT DATED 06/10/1997 EXT.P9 TRUE COPY OF MAHAZAR AND REPORT OF THIRD RESPONDENT SUBMITTED TO THE SECOND RESPONDENT ON 26/12/2001. EXT.P10 TRUE COPY OF GOVERNMENT ORDER DATED 08./07/2005 EXT.P11 TRUE COPY OF REPRESENTATION SUBMITTED TO THE REVENUE MINISTER OF THE STATE DATED 10/10/2005 BY THE PETITIONER. EXT.P12 TRUE COPY OF NOTICE DATED 26/07/2006 SERVED ON THE PETITIONER BY THE THIRD RESPONDENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.27749/2006-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th day of January, 2010 J U D G M E N T The petitioner-Karayogam is aggrieved by the delay in finalising the assignment application filed by them under the Kerala Land Assignment Act, 1960. The application is filed in respect of 1.45 acres of land in Re-survey No.344/1 in Kulasekharapuram Village, wherein a temple, namely, Kurungappilly Bhagavathy Temple with sub deities and other infrastructures are existing. According to the petitioner-Karayogam, they are holding an extent of 1.23 acres instead of 1.45 acres, as the remaining part has been encroached upon by others and there is also a road passing through it. 2. Ext.P1 is the copy of the application submitted by them for the assignment of the land in question which is dated 14/02/1983. It is stated that a notification was issued by the Tahsildar in accordance with the Rules and those proceedings have become final. The petitioner- Karayogam was issued Ext.P2 communication directing to express willingness with regard to the price etc. by the District Collector. Ext.P3 is the reply submitted by them in this regard. Ext.P4 is the notice issued by the Tahsildar under Rule 12(1) of the Rules inviting W.P.(C). No.27749/2006 -:2:- objections, if any, in assigning 1 acre and 28 cents of land in Survey No.15759 of Kulasekharapuram Village in Karunagappally Taluk. It is averred in the writ petitioner that the local Panchayat was also consulted and the Panchayat accorded consent as per Ext.P5 resolution. As the petitioner had not been served with any order issued in the matter, this writ petition has been filed. 3. It is pointed out in the writ petition that it is only because of the delay on the part of the respondents to execute final orders, Ext.P12 notice has been issued asking the petitioner to remit arrears of Kuthakappattam. Accordingly, the petitioner-Karayogam seek for a direction to the respondents to assign the land involved in Ext.P1 application and issue orders granting registry within a time frame. 4. The second respondent has filed a counter affidavit. It is pointed out that a notice under Rule 12 (1) of the Rules was published on 24/06/1993 inviting objections, if any, from the public (Ext.P4). The No- objection Certificate from the Kulasekharapuram Panchayat was sought for and the Panchayat requested 8.1 ares of land from the 58.70 ares of land in Survey No.15759 of Kulasekharapuram Village for construction of an Ayurvedic Hospital. Assignment proposal based on market value for an W.P.(C). No.27749/2006 -:3:- extent of 46.66 ares in favour of N.S.S Karayogam was prepared and submitted to the District Collector. Petitions objecting the assignment proposal were received by the second respondent and the petitioners therein were heard and it was decided to pursue the proposal in favour of the Karayogam. Finally, the assignment proposal for an extent of 44.25 ares was submitted to the Government on 20/02/2004. It is also stated that the objections to the assignment have been considered also. 5. There is also mention about the Kuthakappattam -lease arrangement granted earlier to the petitioner in the counter affidavit. 6. It is clear from the averments in the counter affidavit that the proceedings after the issuance of notice under Section 12(1) of the Rules have been completed and the report has been submitted to the Government for approval. Therefore, it is upto the Government to take a decision in the matter. Therefore, there will be a direction to the first respondent (the Secretary to the Government of the concerned Department) to take a decision in the matter within a period of four months from the date of receipt of a copy of this Judgment, after hearing the writ petitioner. Regarding Kuthakappattam-lease rent, it is stated that pursuant to the interim order passed by this W.P.(C). No.27749/2006 -:4:- Court, the petitioner has remitted the amounts demanded in Ext.P12 in six monthly equal instalments. If any further amount is due, it is upto the Tahsildar to issue notice to the petitioner. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms