IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 10229 of 2007(P) ---------------------------------- PETITIONER(S): ------------------- 1. E.J.MATHEW, EDACKATTU HOUSE, VALLAKKADAVU P.O., VANDIPERIYAR 685533, (LA 48/84). 2. P.I.ABDUL KHADER, PUTHUPARAMBIL VALLAKADAVU P.O., VANDIPERIYAR 685533(LA 53/84). 3. THANKAMMA, W/O.M.P.GOPI (DIED), PUTHENPURACKAL, VALLAKKADAVU P.O., VANDIPERIYAR 685533, (LA 50/84). 4. SKARIA KURIAKOSE, VAYALIL, VALLAKKADAVU P.O., VANDIPERIYAR 685533, (LA 52/84) 5. THOMAS JOSEPH, VALLAKKADAVU P.O., VANDIPERIYAR 685533 (LA 53/94). 6. JOSEPH CHACKO, EDAKKADU, VALLAKKADAVU P.O, VANDIPERIYAR 685533 (LA 50/84). 7. MATHEW JACOB, ALENCHERIL,VALLAKKADAVU PO VANDIPERIYAR 685533 (LA 69/84). BY ADV. SRI.S.K.MURALEEDHARA KAIMAL RESPONDENT(S): --------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT COLLECTOR, IDUKKI, PAINAVU P.O. svs ............2/- ..2.. WPC.NO.10229/2007 3. TAHSILDAR, PEERUMADU TALUK, PEERUMADU P.O. 4. FOREST RANGE OFFICER, GRASS LAND DIVISION, VALLAKKADAVU P.O., PEERMADU. 5. DIVISIONAL FOREST OFFICER, GRASS LAND DIVISION, KUMILY P.O., IDUKKI DISTRICT. 6. SPECIAL TAHSILDAR, LAND ASSIGNMENT, PEERUMADU TALUK OFFICE, PEERUMADU. BY GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 10229/2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PATTA NO.733 DATED 20/08/84. P1(a):COPY OF THE LAND TAX RECEIPT DATED 05/08/2004 ISSUED TO THE 1ST PETITIONER. P2: COPY OF THE CANCELLATION ORDER DATED 28/06/1989 IN RESPECT OF THE PATTA GRANTED TO THE 4TH PETITIONER. P3: COPY OF THE GOVERNMENT ORDER DATED 21/07/1989. P4: COPY OF THE DECREE IN O.S. 332/97 OF THE MUNSIFF COURT, PEERUMADU AGAINST FORCIBLE EVICTION. P5: COPY OF THE REPORT DATED 20/08/1997 OF THE 3RD RESPONDENT. P5(a):COPY OF THE REPORT DATED 22/05/1997 OF THE VILLAGE OFFICER. P6: COPY OF THE NO OBJECTION DATED 28/08/1984 ISSUED TO THE 6TH RESPONDENT BY THE 4TH RESPONDENT. P7: COPY OF THE REPORT DATED 15/04/2000 OF THE 3RD RESPONDENT. P8: COPY OF THE REPRESENTATION DATED 05/02/2007 SUBMITTED TO THE 2ND RESPONDENT AND COPY TO THE 3RD RESPONDENT. P8(a):COPY OF THE ACKNOWLEDGEMENT CARD ACKNOWLEDGING RECEIPT OF EXT. P8 BY 2ND RESPONDENT. P9: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 16/08/2006. P10: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 17/08/2006 RESPONDENT'S EXHIBITS: ANNEXURE-R5(a):COPY OF G.O.(MS)353/70/LRD, DATED 27/11/1970. /TRUE COPY/ P.A. TO JUDGE. svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.10229 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of September, 2011 J U D G M E N T The petitioners claim to be persons who have been assigned land in Peermade Village near Manjumala in Peermade Taluk. They contend that, the pattas issued to the petitioners have been cancelled illegally on the ground that the assignment is in excess of the list of assignable land published. Along with that of the petitioners, several other similar pattas were also cancelled. Ext.P2 is one of the same. The petitioners have earlier approached the Government and the Government granted stay of eviction of the petitioners from the assigned land. According to the petitioners, several authorities have recommended the eligibility of the petitioners for assignment. In the above circumstances, the petitioners have filed Ext.P8 petition before the 2nd respondent District Collector. For the present, the petitioners confine their relief for a direction to the District Collector to consider and pass orders on Ext.P8 W.P.(C)No.10229 of 2007 -2- as expeditiously as possible, after affording an opportunity of being heard to the petitioners. With the help of a statement filed by the Deputy Director, Periyar Tiger Reserve West Division, the learned Government Pleader fiercely opposes the prayers. According to him, the petitioners have not produced any documents to prove their case like pattas or orders cancelling pattas. Therefore the petitioners are not entitled to the reliefs prayed for, is his contention. 2. I have considered the rival contentions in detail. 3. In the statement filed, there is not even a whisper that the land were not assigned to the petitioners. There is no denial of the contention of the petitioners that the pattas issued to the petitioners have been cancelled. The only contention in the statement is that, the land in question is forest land and therefore it could not have been assigned. When the petitioners have filed a writ petition supported by an affidavit, the averments in which have not been denied by filing a counter affidavit, I cannot accept the contention W.P.(C)No.10229 of 2007 -3- of the learned Government Pleader that for want of documents regarding issue and cancellation of pattas, the petitioners should be non-suited. There is nothing before me to hold that the petitioners have not been assigned land or that the assignments have not been cancelled. Insofar as the petitioners want only an order directing disposal of Ext.P8, in the above facts and circumstances of the case, I do not think that, the said relief can be denied to the petitioners. In the above circumstances, this writ petition is disposed of with a direction to the 2nd respondent - District Collector to consider and pass orders on Ext.P8, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioners. Till then, status quo as on today shall be maintained. It would be open to the District Collector to hear all persons concerned including a competent officer of the Forest Department. However I make it clear that, I have not considered any contention of W.P.(C)No.10229 of 2007 -4- either party on merits and it is open to the District Collector to consider every aspect of the matter in accordance with the law applicable to the subject. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/