IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 2698 of 2005(U) ---------------------------------- PETITIONERS : - ------------------------ 1. ROSY, AGED 54, W/O. THOMAS, PANAYAMKADAN HOUSE, PANAMCHERY, THRISSUR DISTRICT. 2. KOCHITTY W/O. MULLAPARAMBIL KUTTAPPAN, PUTHUR VILLAGE - DESOM, THRISSUR TALUK. 3. GOURI D/O. KOCHUNNY, PULLANIKKAL HOUSE, PUTHUR VILLAGE - DESOM, THRISSUR TALUK. 4. RAMAN S/O. KANNAMPILLY RAMAN, PUTHANKAD DESOM, THRISSUR TALUK. 5. NARAYANAN NAIR, PUTHUR VILLAGE - DESOM, THIRUSSUR TALUK. 6. SARA, W/O NERAPPATH THOMAN MATHAI, THAMPURATTYMOOLA, KAINOOR VILLAGE, DESOM, THRISSUR TALUK. 7. JANAKI, W/O. P.A.VELAYUDHAN, PANAMKOOTTATHIL HOUSE, P.O.VETTUKAD, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS : - ------------------------ 1. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT, CHEMBUKAVU), THRISSUR. 2. THE DISTRICT COLLECTOR, HAVING OFFICE AT COLLECTORATE, AYYANTHOLE, THRISSUR. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNEMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 2698 of 2005(U) APPENDIX PETITIONERS' EXHIBITS: EXT P1 : COPY OF THE FORM OF ORDER OF ASSIGNMENT ON REGISTRY DATED 31.12.74 ISSUED BY THE FIRST RESPONDENT TO THE FIRST PETITIONER. EXT P2 : COPY OF THE JUDGMENT IN OP NO. 14704/94 DATED 07.11.94. EXT P3 : COPY OF THE JUDGMENT IN OP NO. 15121 / 02 DATED 12.09.02. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.A. TO JUDGE DMR/- ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 2698 of 2005 U ``````````````````````````````````````````````````````````` Dated this the 17th day of November, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ This writ petition is filed by 7 persons, who say that orders of assignment on registry under the Kerala Land Assignment Act, 1960 were passed in their favour about 30 years back. However, consequential orders for issuance of patta have not been passed and that led them to approach this Court. 2. Counter affidavit has been filed by the second respondent and the reason for non issuance of patta as stated in paragraph 7 reads thus:- “7. It is submitted that there was several similar cases in respect of NRF (Non rivertable forest) lands in Thrissur, Thalappilly and Mukundapuram Taluk in Thrissur District. The land assign procedures in respect of these lands were W.P.(C) No.2698/2005 : 2 : processed in the office of the Special Tahsildar, Land Assignment, Thrissur. In O.P.No.5914/86 the Hon'ble High Court of Kerala stayed all the land assignment procedure. This OP was dismissed by the Hon'ble Court on 3.12.93. Enquiry also reveals that a ban order was issued by the Board of Revenue against the issue of pattas in these lands during that periods. Further procedure can be taken to issue pattas only to the petitioners who are presently occupied in these lands. Hence the W.P.(C) is devoid of any merit and the same is liable to be dismissed with cost.” 3. Now that the litigation and the ban orders are all over and as the respondents themselves say that orders of assignment were issued, it is necessary for the first respondent to conduct further enquiry and issue consequential orders and also pattas to the rightful claimants. This, the first respondent shall do with notice to the petitioners and as expeditiously as possible, at any rate, within six W.P.(C) No.2698/2005 : 3 : months from the date of production of a copy of this judgment. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks/17/11 // True Copy // P.A. To Judge