IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 17043 of 2008(D) -------------------------- PETITIONER: ------------ 1. K.K.VALSAN, S/O.KRISHNAN, AGED 68, RESIDING AT KAPPATTIKAVIL HOUSE, EROOR P.O., THRIPUNITHURA. 2. MRS.MINI VALSAN, W/O.K.K.VALSAN, AGED 65, RESIDING AT KAPPATTIKAVIL HOUSE, EROOR P.O., THRIPUNITHURA. 3. MRS.NEENA, D/O.K.K.VALSAN, AGED 40, KAPPATTIKAVIL HOUSE, EROOR P.O., THRIPUNITHURA, NOW RESIDING AT:- 'SREE VALSAM', MAYITHARA MARKET POST, CHERTHALA, ALAPPUZHA. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVERNMENT, DEPT. OF LAND REVENUE, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CHAIRMAN, TALUK LAND BOARD, KANAYANNUR TALUK, ERNAKULAM. 3. THE DISTRICT COLLECTOR, ERNAKULAM. 4. TAHSILDAR, TALUK OFFICE, KANAYANNUR. 5. THE VILLAGE OFFICER(REVENUE INSPECTOR) VAZHAKKALA VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY G.P. SHRI.P.K.BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.17043 of 2008 ================== Dated this the 18th day of June, 2008 J U D G M E N T The petitioners claim to be in possession of 2.08 acres of land. They seek assignment of that land in their favour. Seeking this relief, they have filed Exts.P5 and P6 applications. According to the petitioners, after receipt of the applications, the Village Officer issued Exts.P7 and P8 notices informing the petitioners that an inspection would be conducted on 17.11.1997. The petitioners' contention is that in spite of that, nothing has transpired in respect of the applications for assignment for the last 11 years. The petitioners submit that at the time of inspection on 17.11.1997, a kudikidappukaran objected to the measurement of the property. The petitioners therefore, filed a suit, for injunction against kudikidappukaran, which was decreed in their favour. That kudikidappukaran's appeal was also dismissed and execution proceedings also culminated in favour of the petitioners, they submit. Now the matter has been finalised and the kudikidappukaran has been declared as having no rights over the property. The petitioners submit that in spite of these w.p.c.17043/08 2 proceedings in their favour, nothing has been done in respect of the applications submitted by the petitioners. They, therefore, seek the following reliefs: a. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction compelling the respondents 2 to 5 to complete the proceedings pursuant to Exhibits P5 to P8 within a time limit stipulated by this Hon'ble Court and to assign the property in favour of the petitioners as prayed for in Exhibits P5 and P6. b. Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction compelling the fifth respondent to complete the inspection referred to in Exhibits P7 and P8 within a time stipulated by this Hon'ble Court.” 2. The learned Government Pleader submits that the applications stated to have been filed by the petitioners are not in the files and in any event, the petitioners are not entitled to assignment as per Rules 5 and 6 of the Kerala Land Assignment Rules. 3. I do not think that I should consider the contentions of the parties on merits at this point of time. In view of Exts.P8 and P9 notices, it is clear that there were applications submitted by the petitioners and that being so, it is only appropriate that the competent authority passes final orders on the applications in accordance with the Kerala Land Assignment Act and Rules, as expeditiously as possible. Accordingly, the 4th respondent is w.p.c.17043/08 3 directed to consider the applications for assignment stated to have been submitted by the petitioners, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment . The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge