IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 19323 of 2004(A) -------------------------- PETITIONER: ------------ M.RAGHAVAN, SON OF CHIPPUKKAN, MATHAMANGALAM, P.O. NAIKKATTY, SULTAN BATHERY, WAYANAD. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, SC/ST DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, WAYANAD. 3. THE PROJECT OFFICER, ITDP, WAYANAD. 4. THE TAHSILDAR, VYTHIRI. BY G.P. SHRI.C.T.RAVIKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.5.2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 19323/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE LIST CONTAININED 436 NAMES. P2. COPY OF THE NEWSPAPER REPORT DTD.4.6.03. P3. COPY OF THE REPRESENTATION DTD.5.6.03 TO R2. P4 COPY OF THE JUDMENT IN W.P.C.NO.17994/03. P5. COPY OF THE ORDER DTD.28.8.03 BY R2. P6. COPY OF THE REPRESENTATION DTD.2.6.04 FROM R4. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 19323 of 2004 ================== Dated this the 30th day of May, 2008 J U D G M E N T The petitioner is a member of the South Wayanad Scheduled Tribe Joint Farming Co-operative Society. The General Body of the Society decided to wind up the society and distribute its land among the members who are tribals. Being a member of the society, the petitioner submitted a representation to the 2nd respondent seeking his inclusion in the list of members prepared for allotment of land as per the decision of the general body. This court in Ext.P4 judgment directed the 2nd respondent to include the petitioner in Ext.P1 list of persons to allot plot if he is found eligible. Pursuant thereto, the 2nd respondent conducted an enquiry and passed Ext.P5 proceedings wherein the petitioner was found to be eligible to be included in the list of persons to be alloted land in the Sugandhagiri Cardamom Project and directed to take further steps in that regard. Ext.P6 representation filed by the petitioner having met with no positive response from the 3rd respondent, the petitioner has filed this writ petition seeking the following reliefs: “a) Issue a writ of mandamus or other appropriate writ or order commanding the respondents to act upon Exhibit P-5 order and allot the eligible land to the petitioner under Unit 1 of the Sugandhagiri cardamom Project in accordance with the scheme w.p.c.19323/04 2 for distribution of land to tribal members of South Wayanad Girijan Joint Farmers Co-operative Society. b) A writ of mandamus or other appropriate writ or order directing the respondents to include the petitioner's name in Exhibit P-1 list, c) Issue a writ of mandamus or other appropriate writ or order directing the 4th respondent to take immediate action on Exhibit P-5,” 2. No counter affidavit has been filed in this case. As such, the averments of the petitioner in the writ petition have to be accepted as true and correct. In any event, nobody disputes Ext.P5 wherein the petitioner was found eligible to be included in the list of persons to be alloted plots. Without support of any pleadings, the Government Pleader would submit that the petitioner owns other land and it was decided to allot plots only to landless people. After having passed Ext.P5 proceedings the respondents cannot contend so. In any event, in so far as the land belonged to the Society and the general body of the Society decided to allot plots in the land to its members, all members have to be treated alike and there cannot be any discrimination on the ground that the petitioner has other land, which contention itself has not been proved before me by producing any material in support of the same. Therefore, the said contention of the learned Government Pleader is devoid of any merits w.p.c.19323/04 3 whatsoever. That being so, the 2nd respondent cannot refuse to take action as directed in Ext.P5. By interim order dated 1.7.2004, this court directed the respondents to earmark an unallotted plot in Unit 1 of Sugandhagiri Cardamom Project, if there is an unalloted plot available in Unit 1 for keeping separately. 3. The learned Government Pleader is not in a position to tell me whether a plot has been kept separately. Even if no such plot is kept separately, the third respondent is bound to allot a plot in the said project to the petitioner since the 2nd respondent has found him eligible for allotment of such a plot as per Ext.P5. Accordingly, I allow this writ petition and direct the 3rd respondent to allot a plot to the petitioner in Unit 1 of Sugandhagiri Cardamom Project as directed in Ext.P5 proceedings of the 2nd respondent. This shall be done within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.19323/04 4