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. 3060 of 2005(L) ------------------------- PETITIONERS: ------------------- 1. RAJAN S/O. KALIMADAN, AGED 40 YEARS, RAJEEV GANDHI COLONY, MUNNAR, IDUKKI DISTRICT. 2. RADHA W/O. CHANDANAM, AGED 47 YARS LAKSHAM VEEDU COLONY, MUNNAR, IDUKKI DISTRICT. BY ADV. SRI.N.M.VARGHESE RESPONDENTS: ---------------------- 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. BY GOVERNMENT PLEADER SRI. MOHAMMED ANZAR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 : A PHOTOCOPY OF THE POSSESSION CERTIFICATE NO. 194/2003 DATED 25.2.2003 ISSUED BY THE VILLAGE OFFICER KDH VILLAGE IN THE NAME OF THE 1ST PETITIONER. EXHIBIT P2 : A PHOTOCOPY OF THE RESIDENTIAL CERTIFICATE NO. A4. 236/2000 DATED 18.12.2000 ISSUED BY THE SECRETARY, MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE 1ST PETITIONER. EXHIBIT P3 : A PHOTOCOPY OF THE TEMPORARY RATION CARD NO. 8170 OF THE 1ST PETITIONER'S FAMILY. EXHIBIT P4 : A PHOTOCOPY OF POSSESSION CERTIFICATE NO. 216/85 DATED 11.9.1985 ISSUED BY THE TAHASILDAR DEVIKULAM IN THE NAME OF THE 2ND PETITIONER. EXHIBIT P5 : A PHOTOCOPY OF COMMUNICATION NO. 1636/A2 DATED 1.2.1996 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXHIBIT P6 : A PHOTOCOPY OF REPORT OF THE 2ND RESPONDENT DISTRICT COLELCTOR NO. G-4-814 DATED 6.9.72 ADDRESS TO THE 1ST RESPONDENT GOVERNMENT. EXHIBIT P7 : A PHOTOCOPY OF THE REPLY OF THE GOVERNMENT TO EXT. P6 STUDY REPORT NO. 6053/U2/73/RD DATED 18.8.74 ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLELCTOR. EXHIBIT P8 : A PHOTOCOPY OF THE INTERIM ORDER OF THIS HON'BLE COURT PASSED IN W.P.(C) NO. 7230/2004 DATED 4.11.2004. /TRUE COPY/ P.A. TO JUDGE. vkm KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.3060 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, P2 & P4 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, P2 & P4 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 28.1.2005 will continue till such time. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.3060 of 2005 ---------------------------------------------- J U D G M E N T Dated 11th July, 2008.