IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 31568 of 2005(G) --------------------------------------- PETITIONER: ------------------- MATHAI PODIYAN, SURYAMANGALATH HOUSE, MALAMEKKARA, ADOOR.P.O, PATHANAMTHITTA DISTRICT. BY ADV. SRI.K.N.GOVINDANKUTTY MENON. RESPONDENTS: ----------------------- 1. THE PRINCIPAL SECRETARY, REVENUE (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. R1 & R2 BY GOVERNMENT PLEADER SRI. V.T.K. MOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31568/2005-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 20/05/1989 FROM THE DISTRICT COLLECTOR TO THE TAHSILDAR, ADOOR. EXT.P.2: COPY OF THE LETTER DTD. 13/11/1998 FROM THE SPECIAL SECRETARY (REVENUE DEPARTMENT) TO THE PETITIONER. EXT.P.3: COPY OF THE PETITIONER'S REPRESENTATION DTD. 30/11/1999 TO THE REVENUE MINISTER AND MINISTER'S ORDERS ON IT. EXT.P.4: COPY OF THE LETTER DTD. 03/07/2003 TO THE CHIEF JUSTICE OF KERALA HIGH COURT. EXT.P.5: COPY OF THE APPLICATION DTD. 10/11/2006 FOR ASSIGNMENT OF LAND. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.31568/2005-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 2nd day of December, 2008. J U D G M E N T The petitioner is seeking for a direction to the respondents to assign 10 cents of land as already ordered by the authorities concerned. The case of the petitioner is that while he was residing in Pallichal Village in Pathanamthitta District, his house was ruined when anti-social elements threw acid bulb and hand bombs towards it on 21/01/1981. This had caused serious injuries to him and other members of his family, and his daughter was killed in the incident. Seeking help he had been sending representations to the Hon'ble Prime Minister and the Authorities of the State. According to him, the Hon'ble Prime Minister directed the Chief Secretary to assign 10 cents of land to him. Ext.P1 is the copy of the letter dated 20/05/1989 issued by the District Collector, Pathanamthitta to the Tahsildar, Adoor forwarding the representation filed by the petitioner for necessary action. The matter was taken up at various levels and the petitioner had pointed out certain lands which were available for assignment. But he was informed by Ext.P2 that the land pointed out by him in Survey No.10/94 was set apart for assigning the same to the Tourism Department and the land comprising in Sy.No.10/98 was a road puramboke W.P.(C) No.31568/2005 -:2:- and therefore, the said land cannot be assigned. He was directed to file a fresh application before the revenue authorities pointing out any specific item of land. He approached the then Revenue Minister by filing Ext.P3 representation wherein an endorsement has been made on 30/11/1999 stating that steps may be taken to assign 10 cents of land treating him as a landless person and a report was also called for on the action taken. Even thereafter no steps had been taken to assign land as requested for by the petitioner and hence, he has approached this Court by filing this writ petition. 2. In the counter affidavit, the stand taken is that resurvey No.98 of Block No.10 is a P.W.D road at Government Boys' High School Junction, Adoor and that land cannot be assigned, and the other one in Sy.No.94 in Block No.10 is set apart for the Tourism Department. The petitioner has produced along with I.A.No.16612/2006, Ext.P5 which is an application dated 10/11/2006, submitted before the Village Officer, Peringanadu, along with an application in requisite form seeking assignment of land. Therein he has pointed out 12 cents of land with its boundary. 3. Since, Exts.P1 and P3 favours the claim raised by the petitioner, the authorities concerned have to bestow immediate attention to redress his grievance. Already 19 years have elapsed after the issuance of Ext.P1 and the W.P.(C) No.31568/2005 -:3:- petitioner is left in lurch without any real assistance. Even after the issuance Ext.P2 dated 13/11/1998, no steps have been taken to identify the land for assigning the same to the petitioner. Ext.P3 is dated 30/11/1999 and, inspite of the specific instruction given by the then Minister for Revenue, the respondents could not identify the land for assignment. This is a very sorry state of affairs. The petitioner is a landless agricultural labourer. Going by the policy of the Government, such people have to be given maximum assistance by way of assignment of land. 4. Therefore, there will be a direction to the second respondent to take up the case of the petitioner expeditiously, call for reports from the revenue authorities and take steps to assign a suitable extent of land as requested for by him in Ext.P5. Since the request itself has already passed 19 years, final orders shall be passed within a period of five months from the date of receipt of a copy of this judgment by identifying and allotting appropriate land to the petitioner. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) ms