IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 11475 of 2010(H) -------------------------- PETITIONER: --------------- RADHA VISWANATHAN, W/O.LATE K.R.VISWANATHAN, AGED 64 YEARS, RADHA NIVAS, MADIRAPPILLY, KOTHAMANGALAM - 686 691, ERNAKULAM DISTRICT. BY ADV. SRI.PEEYUS A.KOTTAM RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM - 695 001. 2. DISTRICT COLLECTOR, ERNAKULAM, COLLECTORATE, CIVIL STATION, KAKKANAD, COCHIN - 682 030. 3. REVENUE DIVISIONAL OFFICER, FORT COCHIN 4. TAHASILDAR, TALUK OFFICE, COCHIN. 5. VILLAGE OFFICER, PUTHUVYPIN. GOVERNMENT PLEADER: SRI P N SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.(C)No.11475 of 2010 --------------------------------------------- Dated this the 5th day of April, 2010 JUDGMENT The petitioner is the wife of Late K.R.Viswanathan who was working as SSI in Indian Army and after his retirement he left the world on 10/10/2007. His mother, late Kalyanikutty Amma was in possession of 34.81 ares of property comprised in Survey No.1689/2 of Puthuvypin Village. 2. Even during her life time assignment proceedings were pending as L.A.57/81. The late husband of the petitioner pursued the same by Exts.P1 and P2 being the sole legal heir of his mother. The authorities decided to assign the property in his favour. Ext.P2 is the further communication issued in the matter by the Government whereby it was informed that the market value will have to be recovered from the petitioner's husband, and accordingly the assignment was ordered. 3. Thereafter late husband communicated his agreement to pay existing market value and he submitted consent letter dated 2/11/1999. Copy of the same is produced as Ext.P3. Action taken for fixing the market value is evident from Ext.P4 report of the Village Officer, Puthuvypu and the WPC.No.11475/2010 : 2 : report of the Revenue Inspector, Elamkunnapuzha as Ext.P5. Ext.P6 is the copy of the mahazar prepared by the Village Officer, Puthuvypu with regard to the property sought to be assigned. It is submitted by the learned counsel for the petitioner that she had been pursuing the matter and the proceedings are in a stand still, even now. The petitioner has produced Ext.P7 representation by which all the relevant documents have been produced before the Government/District Collector/Tahsildar and the Village Officer for consideration and to pass appropriate orders. 4. It is only proper that the matter is considered by the District Collector. There will be a direction to the second respondent to take appropriate action on Ext.P7 and to pass an order after verifying all aspects, details provided therein and after hearing the petitioner within a period of two months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the writ petition along with a copy of the judgment for compliance. The writ petition is disposed of as above. No costs. (T.R.RAMACHANDRAN NAIR, JUDGE) skj