IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH DECEMBER 2010 / 15TH AGRAHAYANA 1932 WP(C).No. 35672 of 2010(H) --------------------------------------- PETITIONER(S): ----------------------- SMT.MARIYAMBI, W/O.ABDUL BASHEER, RESIDING AT BALANADKAM HOUSE, MULIYAR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT. BY ADV. SRI.K.G.GOURI SANKAR RAI RESPONDENT(S): -------------------------- 1. THE GOVERNMENT OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT THIRUVANANTHAPURAM.PIN- 695 001 2. THE COMMISSIONER, LAND REVENUE, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM.PIN- 695 001 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KASARAGOD AT KANHANGAD, P.O.KANHANGAD.PIN- 670 121 4. THE TAHSILDAR (LAND ASSIGNMENT) KASARAGOD.P.O.KASARAGOD.PIN- 670 121 5. THE PLANTATION CORPORATION OF KERALA LIMITED, MULIYAR ESTATE, MULIYAR VILLAGE AND POST, KASARAGOD TALUK AND DISTRICT.670 542. R1 TO R4 BY GOVERNMENT PLEADER SRI. DILIP MOHAN R5 BY ADV. SRI. JOSEPH KODIANTHARA, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2010,ALONG WITH WP(C) NO. 35673/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts ANTONY DOMINIC, J. ------------------------------------------------------ WP (C) Nos. 35672 & 35673 of 2010 ------------------------------------------------------- Dated this the 6th day of December, 2010 J U D G M E N T ------------------------- 72 cents of land comprised in R.S. No.131/2C of Muliyar village was assigned to the petitioner in WP(C) No.35672/10. Similarly 40 cents of land situated in the aforesaid survey number was assigned to the petitioner in WP(C) No.35673/10. Against the orders of assignment, the 5th respondent in this writ petition filed appeal before the 3rd respondent. The 3rd respondent by Exhibit P2 order allowed appeal and remanded the case to the 4th respondent to take appropriate action. Against Ext.P2 order, the petitioner filed a Revision before the 2nd respondent and by Exhibit P3 order, the 2nd respondent dismissed the Revision. Challenging the same, the petitioners have been filed this writ petition. 2. The main contention of the petitioners is that both in the appellate order and in the revisional order there is no direction to the assigning authorities to survey and 2 WP (C) Nos. 35672 & 35673 of 2010 identify the properties assigned to the petitioners. 3. Admittedly the 5th respondent challenged the orders on the ground that the land is already assigned to the Plantation Corporation of Kerala. In view of the conflicting claims raised by both the parties, unless the properties are surveyed and identified, the claim raised by the 5th respondent cannot be effectively adjudicated. Therefore there is merit in the case of the petitioners that the land should be surveyed and identified, so that, it can be decided whether the assigned land or a portion thereof, has already been assigned to the 5th respondent. For these reasons, I direct the 4th respondent, the assigning authority, to survey and identify the land which were assigned to the petitioners, while carrying out the directions in the appellate order referred to above. Writ petitions are disposed of accordingly. ANTONY DOMINIC, JUDGE. rkc //True Copy// PA to Judge.