IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26901 of 2008(C) ------------------------------------- PETITIONER(S): ------------------------- 1. P.M. HANEEFA, AGED 62, S/O. LATE MOIDEEN, H. NO. 1/1192, NJALIPARAMPU, KOCHI-1. 2. P.J. AFSIA @ P.J. MARY, AGED 59, W/O. HANEEFA, H. NO. 1/1192, NJALIPRAMPU, KOCHI-1 BY ADV. MR.E.M.JOSEPH RESPONDENT(S): ------------------------- 1. THE DISTRICT COLLECTOR, COLLECTORATE, ERNAKULAM, KAKKANAD. 2. THE STATE OF KERALA, REP. BY THE SECRETARY, MINISTRY OF REVENUE, SECRETARIAT, TRIVANDRUM. BY GOVT. PLEADER MR.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26901/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MARRIAGE CERTIFICATE OF THE PETITIONERS DT. 8.9.98. P2:- COPY OF THE CERTIFICATE FOR PHYSICALLY HANDICAPPED, DTD. 29.3.00. P3:- COPY OF THE LETTER DTD. 29.8.00 OF THE IST RESPONDENT. P4:- COPY OF THE LETTER DTD. 14.6.02 OF THE IST RESPONDENT. P5:- COPY OF THE LETTER DT. 8.5.03 OF THE ELANKUNNAPUZHA GRAMA PANCHAYAT. P6:- COPY OF THE LETTER DTD. 2.7.05 OF THE KELSA. P7:- COPY OF THE STATEMENT DTD. 23.8.05 OF THE TAHSILDAR, KOCHI. P8:- COPY OF THE ORDER DTD. 23.8.05 OF THE KHRC. P9:- COPY OF THE LETTER DTD. 23.1.06 OF THE IST RESPONDENT. P10:- COPY OF THE LETTER DTD. 18.9.06 OF THE IST RESPONDENT. P11:- COPY OF THE APPLICATION DTD. 4.10.06 SUBMITTED BEFORE THE IST RESPONDENT. P12:- COPY OF THE LETTER DTD. 14.6.08 OF THE TAHSILDAR, KOCHI. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC,J. --------------------- W.P.(C).No.26901 OF 2008 ------------------------ Dated this the 30th day of September, 2009. JUDGMENT Petitioners claim to be land less person eligible for assignment of puramboke land. By Ext.P3 they were informed that there was no assignable land available. It was further informed that, in case if they get any information regarding the availability of assignable land, they can bring it to the notice of the District Collector for taking necessary action. Subsequently, though the petitioners pointed out certain plots of land, all that was found to be not available for assignment. Finally by Ext.P5 it was informed that no land was available and in case if any land is available the clam for assignment will be considered. It is thereupon the writ petition is filed praying that the respondents be directed to assign land to the petitioners as undertaken by them. WP(c).No.26901/08 2 2. As already stated, by Ext.P3, the petitioners were informed about the non-availability of land for assignment and further informed that in case any land being available for assignment the same can be intimated to the respondents for appropriate action. A reading of the impugned orders would show that the plots pointed out by the petitioners were not available for assignment and therefore land could not be assigned. 3. Therefore the only direction that is possible in this writ petition is that in case any land is available for assignment, it will be open to the petitioners to approach the respondents and the respondents shall take appropriate action in the matter as undertaken in Ext.P3. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WP(c).No.26901/08 3