High Court Kerala High Court

Manikandan vs State Of Kerala To Be Represented … on 12 March, 2010

Kerala High Court
Manikandan vs State Of Kerala To Be Represented … on 12 March, 2010
       

  

  

 
 
  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.
              ---------------------------------------
                   W.P.(C) No.7377 OF 2010
               ---------------------------------------
            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

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