IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 20TH AUGUST 2009 / 29TH SRAVANA 1931 OP.No. 10678 of 2001(U) ----------------------- PETITIONER(S): --------------- BAHULEYAN, SON OF NANU, ARATTUVILA COLONEY, KANNANALLOOR, KOLLAM DIST. BY ADV. SRI.ANCHAL C.VIJAYAN RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KOLLAM. 2. THE TAHSILDAR, KOLLAM. 3. THE VILLAGE OFFICER, THRIKKOVILVATTOM VILLAGE, KOLLAM DIST. 4. THE THRIKKOVILVATTOM GRAMA PANCHAYATH, REPRESENTED BY IT'S SECRETARY, THRIKKOVILVATTOM, KANNANALLOOR, KOLLAM. 5. BASHEER KUTTY, HOUSE NO. 267, ARATTUVILA COLONY, WARD NO.VIII, THRIKKOVILVATTOM GRAMA PANCHAYATH, KANNANALLOOR, KOLLAM. R1 TO R3 BY G.P. SRI. MATHEW VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 20/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 17178 OF 2001 IN OP 10678 OF 2001 DISMISSED 20.8.2009 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER DATED 20.9.1967 UNDER THE LAND ASSIGNMENT ACT. EXT.P2 TRUE COPY OF RECEIPT SHOWING PAYMENT OF PROHIBIYTORY TAX IN LC NO. 19/68 OF THRIKKOVILVATTOM VILLAGE DATED 22.7.1968 EXT.P3 TRUE COPY OF RECEIPT SHOWING PAYMENT OF PROHIBITORY TAX BY THE PETITIONER IN LC 19/88 OF THRIKKOVILVATTOM VILLAGE DATED 29.1.2000 EXT.P4 TRUE COPY OF DEMAND NOTICE FOR THE BUILDING TAX BY THE FOURTH RESPONDENT DATED 10.11.1990. EXT.P5 TRUE COPY OF THE RECEIPT FOR PAYMENT OF BUILDING TAX TO THE FOURTH RESPONDENT DATED 6.1.2001 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- O.P. NO. 10678 OF 2009 -------------------------------------------- Dated this the 20th day of August, 2009 JUDGMENT The prayer in the O.P. is for direction to the respondents to assign land which is 10 cents of land in Quilon District occupied by the petitioner for the last 42 years. While petitioner's case is that building was constructed and petitioner started residing there in 1967, the other 36 families residing in the area were given assignment, and petitioner is the only person left out by the Government. Government Pleader submitted that the facts stated by the petitioner are partially correct, but the land occupied by the petitioner is on road side that is the main portion of 2 acres and 12 cents of land, and the petitioner is occupying there by paying prohibitory tax. He further submitted that land is required for road development and Panchayath has also demanded land for construction of market for the Panchayath. Since the purpose of the petitioner is residence, it is for the Panchayath and the Tahsildar to identify equal extent of suitable land fit for residence and assign the same to the petitioner free of cost and then petitioner can be shifted for 2 the purpose of road widening or construction of market for the Panchayath. However, if the land is not required for road widening or for market for the Panchayath, the same should be assigned to the petitioner without any delay. O.P. is disposed of as above. (C.N. RAMACHANDRAN NAIR) Judge kk 3