T.V.Sasidharan Nair v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 6TH DAY OF JULY 2015/15TH ASHADHA, 193 WP(C).No. 18400 of 2015 (Y) ---------------------------- PETITIONER :

------------------------ T.V.SASIDHARAN NAIR, S/O.VASUDEVAN NAIR, TAZHATHEL VEED, DEVARUPARA P.O., POOCHAPRA, IDUKKI DISTRICT, PIN - 685 558.

BY ADV. SRI.S.K.MURALEEDHARA KAIMAL RESPONDENT(S):

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

1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

2. CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM.PIN-695 001

3. THE DISTRICT COLLECTOR, IDUKKI-685 588

4. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT), KARAMANNOOR, IDUKKI DISTRICT-685 587

5. ITD PROJECT OFFICER, ITD PROJECT OFFICE, IDUKKI, THODUPUZHA-685 584 BY SPL. GOVT. PLEADER (FOREST) SRI.M.P.MADHAVANKUTTY SPL.GOVERNMENT PLEADER SMT. SUSHEELA BHATT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).No. 18400 of 2015 (Y) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE CERTIFICATE NO.142/03 DATED 29.10.2003 ISSUED BY THE VELLIAMATTOM GRAMA PANCHAYATH. EXT.P-2:

TRUE COPY OF THE DEMAND NOTICE ISSUED BY VELLIAMATTOM GRAMA PANCHAYATH TO THE PETITIONER WITH REFERENCE NO.BUILDING ID:50596010004655 DATED 10.7.2014 EXT.P-3:

TRUE COPY OF THE COMMUNICATION SHOWING DETAILS OF SUBSIDY PAID FROM RUBBER BOARD REGIONAL OFFICE, THODUPUZHA, DATED 5.10.2000 EXT.P-4:

TRUE COPY OF THE REPLY DATED 9.3.2015 ISSUED BY PUBLIC INFORMATION OFFICER AND SPECIAL TAHSILDAR EXT.P-5:

TRUE COPY OF THE APPLICATION FOR ASSIGNMENT OF THE LAND DATED 10.12.2010 EXT.P-6:

TRUE COPY OF THE REPORT AP.256/10 DATED 21.5.2013 ISSUED BY THE 4TH RESPONDENT UNDER THE RIGHT TO INFORMATION ACT. EXT.P-7:

TRUE COPY OF THE REPRESENTATION DATED 25.4.2015 BEFORE THE 3RD RESPONDENT EXT.P-8:

TRUE COPY OF THE DULY ACKNOWLEDGEMENT CARD SIGNED BY RESPONDENT NO.3 EXT.P-9:

TRUE COPY OF THE DULY ACKNOWLEDGEMENT CARD SIGNED BY RESPONDENT NO.4 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.18400 of 2015 --------------------------------------- Dated this the 06th day of July, 2015.

JUDGMENT

The petitioner is concerned with the non-disposal of Ext.P7 application for assignment of certain land. The petitioner submits that the District Collector may be directed to consider the application and pass orders on the same.

2. The learned Government Pleader however would specifically point to Ext.P6 report of the Revenue Inspector, which specifically reports that the land allegedly possessed by the petitioner is an area comes within a tribal settlement area.

3. The learned counsel for the petitioner however asserts that there could be no such interdiction, in so far as the assignment of the subject land. In any event, it is not for this Court to pass an opinion on it, since the matter is pending before the District Collector. The District Collector would look into the

W.P(C). No.18400 of 2015 same and pass an order within a period of one month from the date of receipt of a certified copy of this judgment, after affording an opportunity of hearing to the petitioner.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE sp