IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 29TH FEBRUARY 2008 / 10TH PHALGUNA 1929 OP.No. 24902 of 2002(M) ---------------------------------- PETITIONER: ------------------ M.N.MUTHUSWAMY, S/O. NACHIMUTHU, AGED 82 YEARS, ERUMATHERU, MANANTHAVADY, THALASSERY ROAD, VEMAM AMSOM DESOM,WAYANAD DIST. BY ADV. SRI.P.V.SURENDRANATH RESPONDENTS: ----------------------- 1. MANANTHAVADY GRAMA PANCHAYATH, REPRESENTED BY ITS SPECIAL GRADE SECRETARY, POST MANANTHAVADY, WAYANAD DISTRICT. 2. SPECIAL GRADE SECRETARY, MANANTHAVADY GRAMA PANCHAYAT, POST MANANTHAVADY, WAYANAD DISTRICT. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO LOCAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.A.K.SRINIVASAN SRI.N.S.MOHAMMED USMAN SRI.A.S.BENOY SRI.K.P.MEHABOOB SHERIEFF GOVERNMENT PLEADER SRI. BENJAMIN PAUL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP. NO.24902/2002 ORDER ON CMP. NO.42102/2002 IN OP. NO.24902/2002 DISMISSED 29. 02.2008 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPLICATION/ PETITION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 18.1.2001. EXT.P2:- COPY OF THE NOTICE DT. 13.8.02 ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE REPLY SUBMITTED BY THE PETITIONER ON 26.8.02 BEFORE THE 2ND RESPONDENT. EXT.P4:- COPY OF THE NOTICE UNDER SEC. 12 OF THE KERALA LAND CONSERVANCY ACT 1957 (FORM, NO.3 ) DT. 17.2.59 ISSUED BY THE TAHSILDAR MANANTHAVADY. EXT.P5:- COPY OF THE NOTICE ISSUED BY THE EXECUTIVE OFFICER MANANTHAVADY PANCHAYATH IN THE YEAR 1961. EXT.P6:- COPY OF THE REPLY TO EXT.P5 ISSUED BY THE PETITIONER ON 20.6.61. EXT.P7:- COPY OF THE EXTRACT OF THE REGISTER ISSUED BY THE DEPUTY TAHSILDAR MANANTHAVADY, DT. 29.11.84. EXT.P8:- COPY OF THE EXTRACT OF THE HOUSE TAX ASSESSMENT LIST ISSUED BY SPECIAL GRADE EXECUTIVE OFFICER, MANANTHAVADY PANCHAYAT. EXT.P9:- COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA IN SA. NO.797/90 DT. 27.10.2000. EXT.P10:- COPY OF THE COMMUNICATION ISSEUD BY THE RDO MANANTHAVDY DT. NIL. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- O.P. No. 24902 OF 2002 --------------------------------------- Dated this the 29th day of February, 2008. J U D G M E N T This original petition is filed with the following prayers: i) To issue a writ of certiorari or any other appropriate writ or order quashing and setting aside Ext.P2 and all actions and steps in pursuant to and in furtherance thereof. ii) To issue a writ of mandamus or any other writ, order or direction commanding the respondents 1 to 3 to consider Ext.P1 application and not to evict the petitioner from the Panchayath poromboke land and the hut/structure erected on it and occupied by the petitioner, and to assign to the said land in Sy.No.308/5 of Vemam Village vested in Mananthavady Panchayath to the petitioner. There will be a direction to the first respondent/competent authority to consider Exhibit P1 application with notice to the petitioner and pass appropriate orders thereon in accordance with law, expeditiously. Interim order passed by this Court will continue till such time. This original petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. O.P. No. 24902 OF 2002 J U D G M E N T 29.02.2008