IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7377 of 2010(V)
1. MANIKANDAN,S/O.DHARMA PANDI,AGED 35 YRS,
... Petitioner
Vs
1. STATE OF KERALA TO BE REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,IDUKKI DISTRICT,
3. TAHSILDAR,DEVIKULAM TALUK,TALUK OFFICE,
4. THE SUPERINTENDENT OF SURVEY AND
For Petitioner :SRI.N.M.VARGHESE
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :12/03/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.7377 OF 2010
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Dated this the 12th day of March, 2010.
J U D G M E N T
The petitioner claims assignment of 4 cents of land in
Devikulam Taluk. It is submitted that the family of the petitioner
has 4 cents of property comprised in Survey No.62/9 of Kannan
Devan Hills Village. The said property was obtained by the father
of the petitioner and presently, the same is being enjoyed by the
petitioner and his family consisting of his wife and two school
going children.
2. Exhibit P1 is the photocopy of certificate of possession
issued by the Village Officer, Kannan Devan Hills Village.
According to the petitioner, the same was obtained for getting
the grant for construction of house. Exhibit P2 is the copy of the
ration card and Exhibit P3 is the photocopy of the electoral
identity card. Exhibit P4 is the Government Order dated
20.11.2008 as per which the policy of the Government is to
distribute 1662 acres of land in Munnar area to landless
W.P.(C) No.7377/2010 2
scheduled tribes/scheduled castes/estate workers community.
Item No.4 in Exhibit P4 consists of the area where the petitioner
resides and according to which the proposed assignment is of 4
cents each. The petitioner is seeking the benefit of the said
Government Order.
3. Presently, the petitioner has filed an application as per
Exhibit P7 before the 2nd respondent. All that the petitioner seeks
is for a direction to the 2nd respondent to take a decision on
Exhibit P7 in accordance with the Scheme framed by the
Government and after considering various aspects pointed out by
the petitioner in the writ petition.
4. Heard the learned Government Pleader appearing for
the respondents. Whether the petitioner is entitled for
assignment as sought for is a matter which has to be considered
by the 2nd respondent. The same will be done in accordance with
the Scheme framed by the Government and in accordance with
other Government Orders in force and the Statutory Rules.
Therefore, there will be a direction to the 2nd respondent to
consider Exhibit P7, conduct due enquiries in the matter and take
W.P.(C) No.7377/2010 3
appropriate decision within a period of two months from the date
of receipt of a copy of this judgment. Learned counsel for the
petitioner submitted that till action is finalised, no coercive action
may be initiated against the petitioner. Regarding the said
prayer, in case of any eventuality the petitioner can move for any
interlocutory order before the District Collector before whom the
application is pending. The petitioner will produce a copy of the
writ petition along with a copy of this judgment for compliance.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp