IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 16614 of 2010(B) -------------------------- PETITIONER(S): --------------- THANKACHAN,S/O.ULAHANNAN, NELLATTUPARAMBIL, PULIKKAYAM, KODENCHERRY P.O., KOZHIKODE DISTIRICT. BY ADV. SMT.LATHA PRABHAKARAN SRI.K.M.JAMALUDHEEN RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY SECRETARY TO GOVERNMENT,LAND REVENUE DEPARTMENT.TRIVANDRUM. 2. THAHASILDAR,TALUK OFFICE, CIVIL STATION,KOZHIKODE, 3. VILLAGE OFFICER,KODENCHERRY VILLAGE OFFICE,KODENCHERY P.O.,KOZHIKODE. GOVT. PLEADER SHRI.P.NARAYANAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.16614 of 2010 ================== Dated this the 1st day of July, 2010 J U D G M E N T The petitioner applied for assignment of certain lands. Originally the same was assigned to him and he was directed to pay the purchase price. The petitioner did not pay the purchase price. Subsequently, there was encroachments into the property and those encroachers were subsequently evicted. In the meanwhile, one of the family members of the person to whom the same was originally assigned approached the respondents for assignment of the land. By that time, it appears that, the petitioner had already acquired other properties, constructed a house thereon and is residing in that house. As such, he is now in possession of other properties. Taking into account all those circumstances, the respondents have decided to assign the property to a lady who was a member of the family to which originally the land was assigned, who has five minor children and has no dwelling house or property. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i. Issue a writ of certiorari or any other writ, or order quashing Ext.P1 and Ext.P6. Or in the alternative ii. Direct the 2nd respondent to pass final orders in Ext.P1 proceedings within a time frame as directed by this Hon'ble Court after affording an opportunity to the petitioner of being heard.” w.p.c.16614/10 2 2. A statement has been filed detailing the circumstances under which it was decided to assign the property to a third person, which I have detailed above. The learned counsel for the petitioner would argue that subsequent acquisition of property cannot be a ground for denying assignment insofar as at the time of applying for assignment, the petitioner was eligible to get assignment of the land. Kerala is a State where land is very dear. Government is finding it difficult to find enough land to be tribals to whom land has been promised years ago. Therefore, for assignment, landless people have to be preferred to those who have land and dwelling houses. Insofar as the petitioner owns other property and a house, and the person to whom it has been decided to assign is a destitute lady with five minor children, I do not think that there is anything wrong in the action taken by the respondents to assign the land to her, instead of the petitioner. Therefore, I am not inclined to exercise my discretionary jurisdiction under Article 226 of the Constitution of India in favour of the petitioner. In the above circumstances, I do not find any merit in the writ petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.16614/10 3