IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 WP(C).No. 29610 of 2008(Y) -------------------------- PETITIONER(S): --------------- YAMUNA, D/O.SUNDARAN, KOCHUPOIKA VEEDU, VANDIPURA, VANDIPURA, PALAYAMKUNNU, CHIRAYINKEEZHU TALUK. BY ADV. SRI.R.ANILKUMAR SRI.P.BANI RESPONDENT(S): --------------- 1. SCHEDULED CASTE DEVELOPMENT OFFICER, SCHEDULED CASTE DEVELOPMENT OFFICE, VARKALA-695141 . 2. STATE OF KERALA REP.BY SCHEDULED CASTE, SCHEDULED TRIBES DEVELOPMENT DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 3. SAJI, S/O.RAGHAVAN PILLAI, SAJINI NIVAS, KOVOOR.P.O, CHEMMARUTHY VILLAGE, VARKALA, THIRUVANANTHAPURAM DIST. 4. REVENUE DIVISIONAL OFFICER, THIRUVANANTHAPURAM DIST. BY GP SRI.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).29610/2008 -------------------- Dated this the 21st day of October, 2008 JUDGMENT Petitioner belongs to the Scheduled Caste community. According to her, an extent of 3 cents of property was assigned in her favour as per Ext.P2 Registered document No.1494/08 of Varkala Sub- registry. She submits that she is still in possession of the said property. In Ext.P3 representation filed by the petitioner before the RDO (produced along with I.A.13128/2008), petitioner has pointed out that she had taken possession of the land as scheduled in the document executed in her favour, but the first respondent has taken up an objection and pointed out that three cents of land assigned in favour of the petitioner cannot be used for construction of a house. 2. Having gone through Ext.P3 representation, I am of the view that this is a fit case where RDO looks into Ext.P3 and take appropriate decision. W.P.(C).29610/2008 2 3. In the result, writ petition is disposed of directing the fourth respondent to take note of Ext.P3 and take appropriate action with notice to the third respondent as also the Scheduled Caste Development Officer, the first respondent, within three months from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs