IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 OP.No. 14529 of 2003(D) --------------------------------- PETITIONERS: ---------------------- 1. KITNAMMAL W/O. LATE DURAI RAJ, AGED 61 YEARS, SETTLEMENT COLONY, DEVIKULAM, IDUKKI DISTRICT. 2. RAJAMMA W/O. SAMUEL, AGED 40 YEARS, SETTLEMENT COLONY, DEVIKULAM, IDUKKI DISTRICT 3. KALIYAMMA W/O. KANTHI, AGED 33 YEARS, SETTLEMENT COLONY, DEVIKULAM, IDUKKI DISTRICT 4. M.LAKSHMANAN, S/O. MARIYAPPAN, AGED 38 YEARS, SETTLEMENT COLONY, DEVIKULAM, IDUKKI DISTRICT BY ADV. SRI.N.M.VARGHESE SRI.DENIZEN KOMATH RESPONDENTS: ----------------------- 1. STATE OF KERALA, TO BE REPRESENTED BY SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT PAINAVU, IDUKKI 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM, IDUKKI DISTRICT. 4. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO 4 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.24363/2003 IN OP. NO.14529/2003 DISMISSED 15.10.2003 SD/- KURIAN JOSEPH, JUDGE APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE POSSESSION CERTIFICATE NO.790/02 DT. 6.2.02 ISSUED IN THE NAME OF THE IST PETITIONER BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P2:- COPY OF THE FRONT PAGE OF RATION CARD OF THE IST PETITIONER'S FAMILY. P3:- COPY OF THE CERTIFICATE NO.AT-2060/02 DT. 12.3.03 IN THE NAME OF THE IST PETITIONER BY THE SECRETARY, MUNNAR GRAMA PANCHAYATH. P4:- COPY OF THE POSSESSION CERTIFICATE NO.596/02 DT. 8.2.02 ISSUED IN THE NAME OF THE 2ND PETITIONER BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P5:- COPY OF THE ELECTORAL IDENTITY CARD OF THE 2ND PETITIONER DT. 22.1.99. P6:- COPY OF THE POSSESSION CERTIFICATE NO.796/02 DT. 6.2.02 ISSUED IN THE NAME OF THE 3RD PETITIONER BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P7:- COPY OF THE CERTIFICATE NO.A4-2060/02 DT. 12.3.03 ISSUED BY THE SECRTARY, MUNNAR GRAMA PANCHAYATH IN THE NAME OF THE 3RD PETITIONER. P8:- COPY OF THE POSSESSION CERTIFICATE NO.790/02 DT. 6.2.02 ISSUED IN THE NAME OF THE 4TH PETITIONER BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P9:- COPY OF THE CERTIFICATE NO.D-802/2000 DT. 15.2.03 ISSUED BY THE NAME OF THE 4TH PETITIOENR BY THE BLOCK DEVELOPMENT OFFICER, DEVIKULAM BLOCK. P10:- COPY OF THE COMMUNICATION NO.1636/A2/96/RD DT. 1.2.06 ISSUED BY THE IST RESPONDENT GOVERNMENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. P11:- COPY OF THE REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO.G-4- 814 DT. 6.9.1972 ADDRESSED TO THE IST RESPONDENT- GOVERNMENT. P11(a):- COPY OF THE REPLY OF THE GOVERNMENT OTO EXT.P1 STUDY REPORT NO.6053/G2/73/D DT. 18.8.1974 ADDRESSED TO THE 2ND RESPONDENT DIST. COLLECTOR. OP. NO.14529/2003 P12:- COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT IN CMP. NO. 19277/2003 IN OP. NO.11277/03 DT. 1.4.03. P12(a):- COPY OF THE ORDER PASSED BY THE HONOURABLE COURT IN CMP. NO.15702/03 IN OP. NO.9102/03 DT. 2.4.03. RESPONDENT'S EXHIBITS RIV(a):- COPY OF THE JUDGMENT IN OP.16231/02. RIV(b):- COPY OF THE PROCEEDINGS OF DISTRICT COLLECTOR, IDUKKI. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- O.P. No.14529 of 2003 ----------------------------------------- Dated this the 15th day of October, 2008 JUDGMENT The writ petition is filed mainly with the following prayer:- (iii) issue a writ of mandamus directing respondents 2 to 4 to regularise the possession of the petitioners by virtue of Exts.P1, P4, P6 and P8 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 Lands) Act. There will be a direction to the second respondent to consider the applications filed by the petitioners with notice to them and pass appropriate orders thereon in accordance with law expeditiously. Till orders are passed as above, the interim order passed by this court will continue. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P. No.14529 of 2003 ----------------------------------- JUDGMENT 15th October, 2008