Kunjunni vs District Collector
2021 Latest Caselaw 13541 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                     WP(C) NO. 10660 OF 2013
PETITIONERS:

    1    KUNJUNNI
         AGED 75 YEARS
         S/O.VEERAN, AGED 75 YEARS, KANDANTHODI
         VEEDU,PADOOR P.O., KAZHANI AMSOM, KAVASSERY - II,
         ALATHURTALUK, PALAKKAD DIST.
 ADDL.P2 SIVAN, S/O. LATE KUNJUNNI,
         AGED 49 YEARS, KUNELUTHODI VEEDU, PADOOR P.O.,
         KAZHANI AMSON, KAVASSERY-II, ALATHUR TALUK,
         PALAKKAD DISTRICT

         IS IMPLEADED AS PER ORDER DATED 17.09.2020 IN
         I.A.1/2020
         BY ADV SRI.JOHN JOSEPH(ROY)


RESPONDENTS:

    1    DISTRICT COLLECTOR
         CIVIL STATION, PALAKKADU
    2    THE TAHSILDAR, TALUK OFFICE, ALATHUR,
         PALAKKADU DIST 678 541
    3    THE VILLAGE OFFICER VILLAGE OFFICE KAVASSERY-II
         VILLAGE
         ALATHUR TALUK, PALAKKAD DIST PIN 678 543.


         BY ADV.SMT.MABLE.C.KURIAN, GP


THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021,    THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C).No.10660/2013

                                    2




                     P.V.KUNHIKRISHNAN, J.
                       -------------------------------
                     W.P.(C).No.10660 of 2013
               ----------------------------------------------
              Dated this the 01st day of July, 2021


                             JUDGMENT

This writ petition is filed with following prayers:

I. Issue a Writ of Mandamus or other Writ or order, directing the Respondents to locate the land assigned to the petitioner as per Exhibit P-1 and P-2 and to demarcate the same and put the petitioner in possession within a time limit.

II. Issue a writ of mandamus to identify the land mentioned in Exhibit P-1 and P-2 at the earliest possible and to put the petitioner in possession forthwith.

III. Issue a writ of mandamus or any other writ, order or direction to the respondents to assign another land to the petitioner forthwith. And IV. To grant such other reliefs as this Hon'ble Court may be pleased to

2. The Government Pleader submitted that the property

allotted to the petitioners as per Exts.P1 and P2 were actually

forest land. The counsel for the petitioners submitted that he is

not particular to get the same property covered by Exts.P1 and W.P.(C).No.10660/2013

P2. He submitted that, if any other property is available, the

same may be allotted to the petitioners. This writ petition is

pending from 2013 onwards. There is no such prayer in this writ

petition. Therefore I think this writ petition can be closed

allowing the petitioners to file a fresh petition with proper

prayers.

Hence this writ petition is disposed with liberty to the

petitioners to file a fresh writ petition with proper prayers.

Sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.10660/2013

APPENDIX OF WP(C) 10660/2013

PETITIONER ANNEXURE EXT.P-1 TRUE COPY OF THE OFFER OF ASSIGNMENT ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 18.5.1977 UNDER PROCEEDINGS NO.LR 2.32787/77 EXT.P-2 TRUE COPY OF THE DEED OF ASSIGNMENT EXECUTED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER DATED 30.12.1977 EXT.P-3 TRUE COPY OF THE REQUEST MADE ON 27.8.2005 TO THE 1ST RESPONDENT EXT.P-4 TRUE COPY OF THE REQUEST MADE ON 16.7.2008 TO THE 1ST RESPONDENT EXT.P-5 TRUE COPY OF THE BASIC TAX REGISTER ON 20.6.2012 EXT.P-6 TRUE COPY OF THE DETAILS FURNISHED BY THE 3RD RESPONDENT ON THE APPLICATION OF THE PETITIONER DATED 17.7.2012 EXT.P-7 TRUE COPY OF THE LETTER DATED 26.7.2012 OF THE 2ND RESPONDENT.