IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 1287 of 2008(R)
1. N.SANTHA, TC.15/911, NEAR SISU VIHAR
... Petitioner
Vs
1. LAND REVENUE COMMISSIONER,
... Respondent
2. DISTRICT COLLECTOR,
3. TAHSILDAR, THIRUVANANTHAPURAM.
For Petitioner :SRI.P.GOPALAKRISHNAN NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :05/12/2008
O R D E R
V. GIRI, J.
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RP.1287/2008 in WP(C).NO.28504 of 2008
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Dated this the 5th day of December, 2008
JUDGMENT
By judgment dated 25.9.2008, I had directed the
petitioner to approach the competent authority under the
assignment of land within the Municipal and Corporation Areas
Rules, 1995 and also issued a direction to the said authority to
consider the petitioner’s application. The review petition has
been filed by the petitioner on the premise that Ext.P10
challenged in the writ petition was not specifically quashed.
2. I make it clear that the direction issued by this court in
the judgment enabling the petitioner to move an application for
assignment was on the premise that such application shall be
considered by the competent authority without reference to
Ext.P10. In other words, in dealing with the petitioner’s
application the competent authority under the assignment of land
within the Municipal and Corporation Areas Rules 1995 shall deal
with such application on merits without being influenced by
Ext.P10.
WPC.26278 /2008 2
3. In circumstances where the petitioner has already
approached the competent authority on 25.10.2008, it is only
appropriate that the petitioner shall not be evicted from the
property in question till the decision is taken on the said
application by the competent authority.
Subject to the above clarification, the review petition is
disposed of.
V. GIRI, JUDGE.
pmn/ WPC.26278 /2008 3