IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33556 of 2011(T) ---------------------------------- PETITIONER(S): -------------------- ANCHILLAN KOMUKUTTY HAJI, ANCHILLAN HOUSE, PANDIKKAD P.O., MALAPPURAM DISTRICT. BY SRI.P.K.SURESH KUMAR, SENIOR ADVOCATE ADV.SMT.N.P.ASHA RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695001. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM- 695001. 3. THE DISTRICT COLLECTOR, MALAPPURAM-676505. 4. THE TAHSILDAR, ERANAD TALUK, MANJERI P.O.,676121, MALAPPURAM DISTRICT. 5. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, MANJERI, MALAPPURAM DISTRICT, PIN 676121, BY ADV. SRI.SANTHOSH MATHEW, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 33556/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF PATTAYAM DATED 20.5.1977 ISSUED BY THE LAND TRIBUNAL, WANDOOR IN FAVOUR OF THE PETITIONER. P2: COPY OF REPORT DATED 20.4.2005 OF THE CHIEF ENGINEER, PWD DEPARTMENT. P3: COPY OF LETTER DATED 9.6.2005 ISSUED BY THE SECRETARY, PWD, GOVT.OF KERALA. P4: COPY OF LETTER DATED 21.12.2005 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. P5: COPY OF PROPOSAL AND REPORT DATED 15.02.2006 OF THE 4TH RESPONDENT. P6: COPY OF PROCEEDINGS NO.B2-32135/05 DATED 11.10.2006 OF THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J. --------------------------------------- W.P.(C) No. 33556 of 2011 ---------------------------------------- Dated this the 15th day of December, 2011 JUDGMENT Petitioner states that he is the owner of 4 cents of land comprised in Sy.Nos.79/7,8 and 78/2of Pandikkad Village of Eranad Taluk. According to the petitioner, when re-survey was conducted during 1990 it was realised that 0.5 cents out of the 4 cents, in his ownership, was PWD Puramboke. 2. Thereupon an application was made for assignment of the said land and officials of PWD conveyed their No Objection in the matter as per Exts. P2 and P3. Based on Exts P2 and P3 Tahsildar submitted Ext.P5 proposal to District Collector who made Ext.P6 proposal to the Government, recommending assignment. As at present the proposal made by District Collector is pending consideration by Government and a decision is yet to be taken. 3. Petitioner submits that during the pendency of proposal, attempts are being made by the 5th respondent, to take over W.P.C. No. 33556 OF 2011 -2- possession of land by evicting the petitioner from aforesaid 0.5 cents of land. It is in these circumstances this writ petition has been filed seeking a direction to the Government to take a decision on application of assignment and also to direct the respondents not to evict him from the property in question. 4. I heard learned Senior Counsel for the petitioner and also the learned Govt. Pleader appearing for the respondents. Exts. P2 to P5 shows that an application was made by the petitioner for assignment of 0.5 cents of land and that a proposal recommending such assignment made by District Collector as per Ext.P6 is pending before the 1st respondent. Since a decision on such proposal has not been taken so far, it is premature to take action for evicting the petitioner from the property in question. 5. In such circumstance I dispose of this writ petition with following directions: Within three months of receipt of a copy of this judgment along with a copy of this writ petition, the 1st respondent will take decision on Ext.P6 proposal of 3rd respondent. Until a decision is taken on Ext.P6, it is directed that the petitioner shall not be W.P.C. No. 33556 OF 2011 -3- evicted from the 0.5 cents covered by Ext.P1. Petitioner is directed to produce a copy of this judgment along with a copy of this writ petition before 1st respondent and 5th respondent for compliance. ANTONY DOMINIC, JUDGE. Kp/-