Pavanthai vs State Of Kerala
2021 Latest Caselaw 20907 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 18164 OF 2021
PETITIONER:

             PAVANTHAI
             AGED 56 YEARS
             D/O.LAXMANAN, 6 ROOM LINES, PACKETING DIVISION,
             PALLIVASAL P.O., PALLIVASAL, IDUKKI DISTRICT.

             BY ADV N.M.VARGHESE



RESPONDENTS:

       1     STATE OF KERALA
             REPRESENTED BY THE SECRETARY, REVENUE(R) DEPARTMENT,
             SECRETARIAT, THIRUVANANTHAPURAM-695001.

       2     THE DISTRICT COLLECTOR,
             IDUKKI DISTRICT, COLLECTORATE, KUYILIMALA,
             IDUKKI, PIN 685612.

       3     THE TAHSILDAR,
             DEVIKULAM TALUK, TALUK OFFICE, DEVIKULAM-685613




             SMT. SURYA BINOY- SR. G.P




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.10.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18164 OF 2021           2

                            JUDGMENT

The petitioner singularly prays that her

application, for assignment of land in her favour,

made by her through Exts.P1 and P3, be directed to

be taken up and disposed of by the 2nd respondent or

such other competent Authority.

2. The learned Senior Government Pleader,

Smt.Surya Binoy, submitted that she does not have

instructions whether the afore applications are

pending, but submitted that if this Court only

requires the competent Authority to consider the

same, there does not appear to be any legal

impediment for the competent Authority in doing so;

however, praying that this Court may not make any

affirmative declarations on the entitlement of the

petitioner to any relief and leave it to be decided

by the competent Authority, in terms of law.

Taking note of the afore submissions and without

entering into the merits of any of the contentions

of the petitioner, I allow this writ petition to the

limited extent of directing the 2nd respondent, or

such other competent Authority, to take up Exts.P1

and P3 applications for assignment of the petitioner

and dispose of the same, after affording an

opportunity of being heard to her and after

adverting to her documents, if any, to be produced

by her; thus culminating in an appropriate order

thereon, as expeditiously as is possible, but not

later than four months from the date of receipt of a

copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/6.10

APPENDIX OF WP(C) 18164/2021

PETITIONER EXHIBITS

Exhibit P1 A PHOTOCOPY OF APPLICATION FOR ASSIGNMENT ALONG WITH COVERING LETTER DATED 10.03.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

Exhibit P2 A PHOTOCOPY OF CERTIFICATE OF POSSESSION NO.628/2002 DATED 28.01.2002 ISSUED IN THE NAME OF THE PETITIONER BY THE VILLAGE OFFICER.

Exhibit P3 A PHOTOCOPY OF REPRESENTATION DATED 22.05.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DISTRICT COLLECTOR.

Exhibit P4 A PHOTOCOPY OF COMMUNICATION NO.4387/SCSTTB2/2021 DATED 05.03.2021.

Exhibit P5 A PHOTOCOPY OF GOVERNMENT CIRCULAR NO.70741/A2/2015/REV. DATED 18.10.2016 ISSUED BY THE 1ST RESPONDENT PARTICULARLY FOR THE 3RD RESPONDENT TALUK IN IDUKKI DISTRICT.