IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 19366 of 2005(E) -------------------------- PETITIONER(S): --------------- DANESH.T.N., S/O.DAMODARAN, THOTHEN NALAMBALATH, PUTHIYATHERU, CHIRAKKAL (POST), KANNUR-II. BY ADV. SRI.PROMY KAPRAKKATT SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.P.K.BEENA RESPONDENT(S): --------------- THE REVENUE DIVISIONAL OFFICER, THALASSERY, KANNUR. GOVERNMENT PLEADER SRI. P.K. RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE MARUPATTAM DATED 28.6.1963 EXT.P2 TRUE COPY OF THE COPY OF ORDER DATED 9.2.2005 EXT.P3 TRUE COPY OF COPY OF ORDER DATED 26.8.1994 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 19366 OF 2005 -------------------------------------------- Dated this the 18th day of June, 2009 JUDGMENT Petitioner is challenging Ext.P3 order whereunder petitioner's father's land is declared as revenue puramboke land by the Asst. Collector. According to the petitioner, land was taken on lease from it's owner years back and after death of petitioner's father, property is shared among legal heirs and they are in possession and enjoyment of the property. It is strange that petitioner's father did not apply for certificate of purchase under Land Reforms Act. In any case, even if land is declared as revenue puramboke, petitioner is free to make application for assignment from Government so that they have the title to hold and enjoy the property. There are clear-cut norms about assignment of government land. In the circumstances, W.P. is disposed of directing the respondent to consider petitioner's claim of possession and enjoyment of the property and for assignment and pass appropriate orders after reconsidering Ext.P3 order within three months from the date of production of a copy of this judgment. Petitioner would be heard before any orders are passed against him. (C.N. RAMACHANDRAN NAIR) kk Judge 2