IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 20272 of 2007(L) -------------------------------------- PETITIONER(S): ---------------------- K.MANIMARAN, S/O V.KANNAN, AGED 61 YEARS, NADAYAR NORTH, MUNNAR P.O. BY ADV. SRI.N.M.VARGHESE SRI.ROY THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA TO BE REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA, IDUKKI. 3. THE TAHSILDAR, DEVIKULAM TALUK, DEVIKULAM, IDUKKI DISTRICT. GOVERNMENT PLEADER SMT.M.R.SREELATHA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 20272/2007-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROPOSAL OF SLAE REFERENCE NO.87 DATED 13/10/1963 ISSUED BY THE COMPANY IN THE NAME OF THE FATHER OF THE PETITIONER EXT.P2: COPY OF THE CERTIFICATE OF POSSESSION NO.180/1966 DATED 01/04/1966 ISSUED BY THE VILLAGE OFFICER IN THE NAME OF THE FATHER OF THE PETITIONER. EXT.P3: COPY OF THE PATTA NO.L.A.60/1977 DATED 11/01/1977 ISSUED BY THE TAHSILDAR DEVIKULAM IN THE NAME OF THE PETITIONER. EXT.P4: COPY OF THE SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER AND ATTACHED TO THE PATTA. EXT.P5: COPY OF THE BASIC TAX RECEIPT NO.23 DATED 20/05/1998 IN THANDAPER NO.680 IN THE NAME OF THE PETITIONER ISSUED BY THE VILLAGE OFFICER. EXT.P6: COPY OF THE COMMUNICATION NO.1638/A2 DATED 01/02/1996 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXT.P7: COPY OF THE REPORT OF THE 2ND RESPONDENT DISTRICT COLLECTOR NO.G-4-814 DATED 06/09/72 ADDRESSED TO THE 1ST RESPONDENT GOVERNMENT EXT.P8: COPY OF THE GOVERNMENT TO EXT.P7 STUDY REPORT NO.6053/U2/73/RD DATED 18/08/74 ADDRESSED TO THE 2ND RESPONDENT DISTRICT COLLECTOR. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 27/03/2007. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.20272 of 2007 ------------------------- Dated this the 1st day of December, 2008. JUDGMENT The petitioner claims possession of 1.5 acres of land in Kannan Devan Hills. According to him, he migrated from Tamil Nadu a decades ago. The petitioner asserts possession, in continuation of the possession stated to have been asserted by the petitioner's forefathers. Petitioner submits that he is entitled to assignment of the land possessed by him under the provisions of the Land Assignment Act and Ext.P9 representation is pending before the District Collector. He prays for a direction to the District Collector to consider and take appropriate decision pursuant to Ext.P9. 2. Learned Government Pleader submits that Ext.P9 has been received and it will be looked into and appropriate action taken. It might be necessary to file an application in the prescribed form. 3. In the result, the writ petition is disposed of directing the petitioner to file a comprehensive representation on the lines of Ext.P9 before the 2nd respondent within three W.P.(C).NO.20272/07 :: 2 :: weeks from today. If it is so filed, the same shall be considered and appropriate action taken by the District Collector. I make it clear that if the petitioner's claim merits consideration, it is up to the statutory authority to consider the same and take appropriate decision. If it is found that the petitioner is not entitled to assignment, then a suitable reply may be given to him within the aforementioned time limit. Petitioner shall produce a copy of this judgment and a copy of the writ petition along with the application in the prescribed form before 2nd respondent, for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//