IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31568 of 2005(G)
1. MATHAI PODIYAN, SURYAMANGALATH HOUSE,
... Petitioner
Vs
1. THE PRINCIPAL SECRETARY,
... Respondent
2. THE DISTRICT COLLECTOR,
For Petitioner :SRI.K.N.GOVINDANKUTTY MENON
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/12/2008
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C). No.31568/2005-G
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Dated this the 2nd day of December, 2008.
J U D G M E N T
The petitioner is seeking for a direction to the respondents to assign
10 cents of land as already ordered by the authorities concerned. The case
of the petitioner is that while he was residing in Pallichal Village in
Pathanamthitta District, his house was ruined when anti-social elements
threw acid bulb and hand bombs towards it on 21/01/1981. This had caused
serious injuries to him and other members of his family, and his daughter
was killed in the incident. Seeking help he had been sending
representations to the Hon’ble Prime Minister and the Authorities of the
State. According to him, the Hon’ble Prime Minister directed the Chief
Secretary to assign 10 cents of land to him. Ext.P1 is the copy of the letter
dated 20/05/1989 issued by the District Collector, Pathanamthitta to the
Tahsildar, Adoor forwarding the representation filed by the petitioner for
necessary action. The matter was taken up at various levels and the
petitioner had pointed out certain lands which were available for
assignment. But he was informed by Ext.P2 that the land pointed out by
him in Survey No.10/94 was set apart for assigning the same to the Tourism
Department and the land comprising in Sy.No.10/98 was a road puramboke
W.P.(C) No.31568/2005
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and therefore, the said land cannot be assigned. He was directed to file a fresh
application before the revenue authorities pointing out any specific item of land.
He approached the then Revenue Minister by filing Ext.P3 representation
wherein an endorsement has been made on 30/11/1999 stating that steps may be
taken to assign 10 cents of land treating him as a landless person and a report
was also called for on the action taken. Even thereafter no steps had been taken
to assign land as requested for by the petitioner and hence, he has approached
this Court by filing this writ petition.
2. In the counter affidavit, the stand taken is that resurvey No.98 of
Block No.10 is a P.W.D road at Government Boys’ High School Junction,
Adoor and that land cannot be assigned, and the other one in Sy.No.94 in
Block No.10 is set apart for the Tourism Department. The petitioner has
produced along with I.A.No.16612/2006, Ext.P5 which is an application dated
10/11/2006, submitted before the Village Officer, Peringanadu, along with an
application in requisite form seeking assignment of land. Therein he has
pointed out 12 cents of land with its boundary.
3. Since, Exts.P1 and P3 favours the claim raised by the petitioner,
the authorities concerned have to bestow immediate attention to redress his
grievance. Already 19 years have elapsed after the issuance of Ext.P1 and the
W.P.(C) No.31568/2005
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petitioner is left in lurch without any real assistance. Even after the issuance
Ext.P2 dated 13/11/1998, no steps have been taken to identify the land for
assigning the same to the petitioner. Ext.P3 is dated 30/11/1999 and, inspite of
the specific instruction given by the then Minister for Revenue, the respondents
could not identify the land for assignment. This is a very sorry state of affairs.
The petitioner is a landless agricultural labourer. Going by the policy of the
Government, such people have to be given maximum assistance by way of
assignment of land.
4. Therefore, there will be a direction to the second respondent to take
up the case of the petitioner expeditiously, call for reports from the revenue
authorities and take steps to assign a suitable extent of land as requested for by
him in Ext.P5. Since the request itself has already passed 19 years, final orders
shall be passed within a period of five months from the date of receipt of a copy
of this judgment by identifying and allotting appropriate land to the petitioner.
The writ petition is allowed as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms