IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 OP.No. 13615 of 2001(U) --------------------------------- PETITIONER: ------------------ JOSEPH, AGED 56 YRS, S/O. VARKEY, KOOTTUMKAL HOUSE, MUNDANMUDI P.O., VANNAPURAM, THODUPUZHA. BY ADV. SRI.N.RATHEESH SRI.K.S.DILIP SMT.SUMA RATHEESH RESPONDENTS: ------------------------ 1. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT), KARIMANNUR, THODUPUZHA. 2. THE DY. COLLECTOR (LR), COLLECTORATE, IDUKKI. 3. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVT. SECRETARIAT, TRIVANDRUM-1. 4. KUNJU, S/O. SANKARAN, KARIMPANICKAL HOUSE, MUNDANMUDI, VANNAPURAM, THODUPUZHA. BY GOVERNMENT PLEADER SRI. BENJAMIN PAUL ADV. SRI.JOHNSON MANAYANI --- R4 SRI.PIUS K NEDUMGATTU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NOS. 21702/2001 AND 62412/2001 IN OP NO. 13615/2001 U. DISMISSED 02/01/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER PASSED BY THE R1 DT. 18/1/94. EXT.P2. COPY OF THE REPRESENTATION DT. 10/4/00. EXT.P3. COPY OF THE REPRESENTATION DT. 9/11/00 FILED BEFORE THE REVENUE DIVISIONAL OFFICER, IDUKKI. EXT.P4. COPY OF THE REPRESENTATION DT. 20/2/2001 SUBMITTED BEFORE THE DIST. COLLECTOR. EXT.P5. COPY OF THE LETTER DT. 24/3/2001 BY THE R2 TO THE PETITIONER. RESPONDENT'S EXHIBITS EXT.R4A. COPY OF THE DOCUMENT EXECUTED BY THE PETITIONER AND HIS WIFE AND HIS CHILDREN IN FAVOUR OF THE R4 DT. 10/08/92. EXT.R4B. COPY OF THE APPEAL FILED BY THE R4 BEFORE THE RDO IDUKKI DT. 23/2/94. EXT.R4C. COPY OF THE PETITION FILED BY THE RESPONDENT BEFORE THE R1 DT. 2/5/00. True copy tga T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = O.P.No.13615 OF 2001-U. = = = = = = = = = = = = = = = Dated this the 2nd day of January, 2008. J U D G M E N T The dispute in this case relates the claim for assignment of an extent of three acres of property between the petitioner and the 4th respondent. It is the case of the petitioner that as per Ext.P1 the Special Tahsildar (Land Assignment), Thodupuzha had directed to assign three acres of land as per his application after rejecting the claim of the 4th respondent. Thereafter the petitioner filed various representations before the authorities concerned and finally by Ext.P5 the Deputy Collector (LR) informed him that his eligibility is only in respect of land which had not been assigned by him and therefore his application for assignment for three acres is not liable to be considered. 2. The respondents have filed separate counter-affidavits. In the counter-affidavit filed by the 4th respondent it is stated that against Ext.P1 an appeal has been filed by him before the Revenue Divisional Officer, Idukki as per Ext.R4(b). It is also pointed out that the O.P.No.13615 OF 2001-U. 2 petitioner has not claimed for grant of patta for the entire three acres as claimed by him. 3. Since the statutory appeal Ext.R4(b) is pending, it is premature to adjudicate the issue in this OP. Therefore, the Revenue Divisional Officer, Idukki before whom Ext.R4(b) is pending is directed to dispose of the same within four months from the date of receipt of a copy of this judgment after hearing all parties. 4. The learned counsel for the 4th respondent also pointed out that if the petitioner is really aggrieved by Ext.P5 he has to file a revision before the Government. Since Ext.R4(b) appeal has to be heard and decided the said course will serve the interest of the parties on either side. With the above observation this writ petition is disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/