High Court Kerala High Court

Thomas Michael vs Land Revenue Commissioner on 31 January, 2007

Kerala High Court
Thomas Michael vs Land Revenue Commissioner on 31 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 34157 of 2006(N)


1. THOMAS MICHAEL, MANNARKATTU VEEDU,
                      ...  Petitioner

                        Vs



1. LAND REVENUE COMMISSIONER,
                       ...       Respondent

2. THE DISTRICT COLLECTOR,

3. THE TAHASILDAR,

4. THE VILLAGE OFFICER,

                For Petitioner  :SRI.LATHEESH SEBASTIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN

 Dated :31/01/2007

 O R D E R
               THOTTATHIL B.RADHAKRISHNAN, J

                      -------------------------------------------

                        W.P(C).No.34157 OF 2006

                      -------------------------------------------

               Dated this the 31st day of January, 2007




                                  JUDGMENT

Heard learned counsel for the petitioner and learned

Government Pleader.

2. According to the petitioner, he is in possession and

enjoyment of 22 cents of land in Sy.No.62/10C of KDH village in

Idukki district from 1971 and as per Ext.P1 Kuthakapattam

agreement, the third respondent gave possession of the property

to the petitioner in 1986 and that Ext.P3 receipt would show

that rent was accepted from the petitioner even after the period

of the Kuthakapattam. According to the petitioner, he has made

Ext.P4 application for assignment of land. However, on the

allegation that respondents 3 and 4 are threatening to evict the

petitioner in summary eviction procedure under the Land

Conservancy Act, this writ petition is filed seeking a direction to

consider Ext.P4 and also to desist from dispossessing the

petitioner.

WPC.34157/06

Page numbers

3. For one thing, if there is an application under the Land

Assignment Act in the form of Ext.P4, the competent statutory

authority will have to consider the same on merits . But that

does not necessarily mean that under the cover of such an

application any intruder of the property shall be in possession

without facing any decision under the Land Conservancy Act.

The Act itself contains protective measures for having the

occupation of land.

4. On 21.12.2006, this Court had issued an interim order

directing the petitioner to file an affidavit stating the details of

property owned by him and his family members within the State.

However, no such affidavit has been filed.

In the aforesaid circumstances, this writ petition is

disposed of directing that if the competent among the

respondents has received Ext.P4 and is pending, the same shall

be considered and disposed of in accordance with law. The

WPC.34157/06

Page numbers

competent officer will make an endeavour to finally dispose of

any such application within an outer limit of six months from the

date of receipt of a copy of this judgment. It is clarified that this

judgment does not, in any manner, touch upon the entitlement or

otherwise of the petitioner to such assignment.

THOTTATHIL B.RADHAKRISHNAN

Judge

kkb.