T.K.Sayed vs State Of Kerala on 2 February, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2765 of 2010(U)


1. T.K.SAYED, S/O.ABDULLA, AGED 39 YEARS,
                      ...  Petitioner
2. C.P.BASHEER, S/O.MUHAMMED,

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DISTRICT COLLECTOR, WAYANAD.

3. THE KOTTATHARA GRAMA PANCHAYATH,

                For Petitioner  :SRI.GRASHIOUS KURIAKOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :02/02/2010

 O R D E R
                T.R. RAMACHANDRAN NAIR, J.
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
                  W.P.(C). No.2765/2010-U
                ~~~~~~~~~~~~~~~~~~~~~~~~~~~
           Dated this the 2nd day of February, 2010

                      J U D G M E N T

The petitioners are residing in Kambalakkad area in

Wayanad District. They are the President and Secretary of

a self help group working in that area. It is the

apprehension of the petitioners that about one acre of land

in Survey No.165/7, which was the part of the area acquired

by the Government for the purpose of Karapuzha Irrigation

Project and which is now being used as play ground for the

last ten years, will be utilised by the Government for

assignment to the members of schedule tribes. The

petitioners have submitted several representations to

retain that part of the area as a play ground itself as the

same is the only play ground available there. Ext.P3 is

the request of the Kottathathara Grama Panchayat submitted

before the District Collector, Wayanad for retaining the

said land as play ground and, Ext.P4 is a copy of the

resolution taken by the Grama Panchayat to move the

Government in the matter.

2. The learned Government Pleader on instructions

submitted that no decision has been arrived at to assign

the said area and, if the petitioners are having any

W.P.(C). No.2765/2010
-:2:-

grievances in the matter, they will have to move the

Government for appropriate orders.

3. It is evident from Ext.P4 resolution taken by the

Panchayat that they have requested the Government to allow

the area mentioned above to be retained as a play ground.

Therefore, the petitioners can also move the Government in

the matter and, if appropriate representation is filed

within a period of two weeks before the Government, the

same will be considered along with the request made by the

Panchayat within a further period of two months. The

petitioners will produce a copy of the writ petition along

with a copy of the Judgment for compliance.

The writ petition is disposed of as above. No costs.

(T.R. Ramachandran Nair, Judge.)

ms