IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 327 of 2005(L) ------------------------ PETITIONERS: ------------------- 1. RAMASWAMY, S/O.CHINNA MUTHUKARAPPAN, AGED 40 YEARS, PERIYAVARA, MUNNAR. 2. S.RADHAKRISHNAN, S/O.T.SHANMUGHAM, AGED 47 YEARS, TEMPLE LINE, MUNNAR. 3. DAS, S/O.CHELLIAH, AGED 41 YEARS, NEW COLONY MUNNAR. 4. MALARKODY, W/O.SARAVANAN, AGED 27 YEARS, TEMPLE LINE MUNNAR, 5. SELVIN, S/O.SEBASTIAN, AGED 43 YEARS, NEW COLONY, MUNNAR. 6. IMPARAJ, S/O.DEVARAJ, AGED 45 YEARS, NEW COLONY, MUNNAR. BY ADVS. SRI.N.M.VARGHESE SRI.ROY THOMAS SMT.MINI.V.A. RESPONDENTS: --------------------- 1. STATE OF KERALA TO BE REP. BY THE SECRETARY, REVENUE DEPARTMENT, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT. COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No. 327/2005 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A PHOTOCOPY OF POSSESSION CERTIFICATE NO. 1146/2002 DATED 11.2.2002 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE IN THE NAME OF THE 1ST PETITIONER. EXHIBIT P2 : A PHOTOCOPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE 1ST PETITIONER'S FAMILY. EXHIBIT P3 : A PHOTOCOPY OF APPLICATION FOR ASSIGNMENT SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 26.10.2004. EXHIBIT P4 : A PHOTOCOPY OF POSSESSION CERTIFICATE NO. 153/2002 DATED 16.1.2002 ISSUED BY THE VILLAGE OFFICER, IN THE NAME OF 2ND PETITIONER. EXHIBIT P5 : A PHTOCOPY OF RESIDENTIAL CERTIFICATE NO. A3-M/2003 DATED 23.12.2004 ISSUED BY THE SECRETARY, MUNNAR GRAMA PANCHAYATH, IN THE NAME OF 2ND PETITIONER. EXHIBIT P6 : A PHTOCOPY OF THE RELEVANT PAGES OF THE RATION CARD OF THE 2ND PETITIONER'S FAMILY. EXHIBIT P7 : A PHOTOCOPY OF APPLICATION DATED 27.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P8 : A TRUE COPY OF POSSESSION CERTIFICATE NO. 155/2002 DATED 16.1.2002 ISSUED BY THE VILLAGE OFFICER DEVIKULAM, IN THE NAME OF 3RD PETITIONER. EXHIBIT P9 : A PHOTOCOPY OF RELEVANT PAGES OF THE RATION CARD OF THE 3RD PETITIONER'S FAMILY. EXHIBIT P10 : A PHOTOCOPY OF POSSESSION CERTIFICATE NO. 1144/2002 DATED 11.2.2002 ISSUED IN THE NAME OF 4TH PETITIONER BY THE VILLAGE OFFICER, KDH VILLAGE. EXHIBIT P11 : A PHOTOCOPY OF APPLICATION FOR PATTA DATED 10.10.2004 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P12 : A TRUE COPY OF THE POSSESSION CERTIFICATE NO. 156/2002 DATED 16.1.2002 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE, IN THE NAME OF 5TH PETITIONER. EXHIBIT P13 : A PHOTOCOPY OF POSSESSION CERTIFICATE NO. 154/2002 DATED 16.1.2002 ISSUED BY THE VILLAGE OFFICER, KDH VILLAGE, IN THE NAME OF 6TH PETITIONER. EXHIBIT P14 : A PHTOCOPY OF RELEVANT PAGES OF THE RATION CARD OF THE 6TH PETITIONER'S FAMILY. W.P.(C)No. 327/2005 EXHIBIT P15 : A PHTOCOPY OF COMMUNICATION NO. 1636/A2 DATED 1.2.1996 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXHIBIT P16 : A PHOTOCOPY OF REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO. G-4-814 DATED 6.9.72 ADDRESS TO THE 1ST RESPONDENT GOVERNMENT. EXHIBIT P17 : A PHOTOCOPY OF THE REPLY OF THE GOVERNMENT TO EXT. P16 STUDY REPORT NO. 6053/U2/73/RD DATED 18.8.74 ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXHIBIT P18 : A PHOTOCOPY OF INTERIM ORDER OF THIS HON'BLE COURT PASSED IN W.P.(C) NO. 36253/2004 DATED 15.12.2004. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.327 of 2005 ---------------------------------------------- Dated 11th July, 2008. J U D G M E N T The writ petition is filed mainly with the following prayers :- (i) “Issue a writ of mandamus directing the respondents not to dispossess the petitioners from their properties covered by Exts.P1, P4, P5, P8, P10, P12 and P13 during the pendency of proceedings for assignment in their favour. (ii) Issue a writ of mandamus directing the respondents 1 and 2 to regularize the possession of the petitioners by virtue of Exts.P1, P4, P5, P8, P10, P12 and P13 by issuing order of assignment either as per the Rules framed under the Kerala Land Assignment Act or as per the Rules framed under the Kannan Devan Hills (Resumption of Land) Act. It is submitted that applications for assignment are pending before the second respondent. There will be a direction to the second respondent to look into the applications filed by the petitioners with notice to them and take appropriate action thereon in accordance with law, within four months from the date of production of a copy of the judgment. The interim order passed by this court on 5.1.2005 will continue till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.327 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.