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Kerala High Court
Ashokan vs The District Collector,Alappuzha on 18 February, 2026
W.P.(C) No.21246 of 2022 1
2026:KER:14801
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 18TH DAY OF FEBRUARY 2026 / 29TH MAGHA, 1947
WP(C) NO. 21246 OF 2022
PETITIONER:
ASHOKAN, AGED 60 YEARS, S/O.NARAYANAN,
KIZHAKKEMANKOOTTATHIL (ANJUNIKARTHIL), MANAPPURAM
P.O., CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688 526.
BY ADVS.
SHRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
RESPONDENTS:
1 THE DISTRICT COLLECTOR,ALAPPUZHA
COLLECTORATE, ALAPPUZHA DISTRICT, PIN - 688 001.
2 THE TAHSILDAR
CHERTHALA TALUK OFFICE, CHERTHALA P.O.,
ALAPPUZHA DISTRICT, PIN - 688 524.
3 THE VILLAGE OFFICER
THYKATTUSSERY VILLAGE OFFICE, ALAPPUZHA DISTRICT,
PIN - 688 528.
4 THE THYKATTUSSERY GRAMA PANCHAYAT
REPRESENTED BY ITS SECRETARY, THYKATTUSSERY,
ALAPPUZHA DISTRICT, PIN - 688 528.
ADDL.R5 THE PRESIDENT,
THYKATTUSSERY GRAMA PANCHAYAT, THYKATTUSSERY,
ALAPPUZA DISTRIC, PIN - 688528
ADDL.R5 IS IMPLEADED AS PER ORDER DATED 12.11.2025
IN I.A.01/2025 IN WP(XC) 21246/2022
W.P.(C) No.21246 of 2022 2
2026:KER:14801
BY ADVS.
GOVERNMENT PLEADER
SRI.C.K.SAJEEV
GP SRI.RIYAL DEVASSY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.02.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.21246 of 2022 3
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VIJU ABRAHAM, J.
.................................................................
W.P.(C) No.21246 of 2022
.................................................................
Dated this the 18th day of February, 2026
JUDGMENT
Petitioner has approached this Court seeking a direction to
respondents 1 to 3 to consider Exts.P4 and P5 applications to assign
land occupied by the petitioner having an extent of 2.560 cents in
survey No.22/7C of Thykattussery Village in Cherthala Taluk, within a
time limit to be fixed by this Court.
2. It is averred that the petitioner is residing with wife
and children in a hut constructed in the aforementioned property. It is
submitted that he is a casual labourer and the only earning member in
the family and that his two children are suffering from mental disease
and are under treatment for past many years. To substantiate the
same, petitioner has produced Exts.P2 and P3 certificates. Due to the
illness of children, petitioner's wife is not in a position to engage in any
job and the petitioner is the only person who is the bread winner of the
family. Petitioner submitted Exts.P4 and P5 applications for assignment
of the said land as provided in Rule 11(8) of the Kerala Land
Assignment Rules, 1964. It is submitted that till date no action has
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been taken on the same.
3. A detailed counter affidavit has been filed by the 2 nd
respondent, wherein it is stated that the petitioner is in unauthorised
occupation of 2.560 cents of road puramboke comprised in survey
No.22/7C of Thykattussery Village and therefore, action is taken for
eviction. Learned Government Pleader based on the counter affidavit
would submit that going by the circular issued by the Public Works
Department dated 30.09.2009, road puramboke land cannot be
assigned to anyone. But in paragraph 7 of the counter affidavit, it is
stated that the road puramboke land having an extent of 62 cents and
17.59 Ares comprised in survey No.22/7C has already been assigned
vide LA 6/95/A13 dated 12.03.2009, LA 112/90 dated 24.10.1992, LA
113/90 dated 04.03.1993 and LA 22/80 dated 23.01.1981. It is further
submitted that the application submitted by the petitioner has not been
considered.
4. I have heard the learned counsel on both sides.
5. Rule 11 of the Kerala Land Assignment Rules,
1964 mandates preparation of the list of assignable land, which also
includes the lands likely to be required for the present or future
Government or public purposes and therefore, only if the subject land
is included in the said list treating it as required for the present or future
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Government or public purposes, that the same could not be assigned
to anyone, based on the circular dated 30.09.2009, especially when
large extent of land has already been assigned even going by the
counter affidavit filed by the 2nd respondent. If such large extent of land
could be assigned to third parties, there is absolutely no reason to deny
the same benefit to the petitioner, who is genuinely in need of the
property especially when two of his children are suffering from mental
disorder. If so, if the subject land is not included in the list of assignable
land which is required for the present or future Government or public
purposes as mandated in Rules 11(2)(v) of the Kerala Land
Assignment Rules, 1964, I am of the view that there can be no
objection in favourably considering the application for assignment.
Therefore, the writ petition is disposed of as follows:
Ext.P4 application submitted by the petitioner, if filed before
the 1st respondent, shall be transmitted to the 2nd respondent within a
period of three weeks from the date of receipt of a copy of the
judgment. Thereafter the 2nd respondent shall take steps to pass
appropriate orders on Ext.P4 after affording an opportunity of being
heard to the petitioner and taking into consideration the observations
made above. Petitioner shall produce a copy of the writ petition before
the 2nd respondent. A decision in this regard shall be taken within an
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outer limit of six months from the date of receipt of the application from
the 1st respondent. Till a decision is taken as directed above, the
interim order granted by this Court shall continue.
Sd/-
VIJU ABRAHAM
JUDGE
cks
2026:KER:14801
APPENDIX OF WP(C) NO. 21246 OF 2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE PROCEEDING
NO.L.C.29/95/B6 DATED 04/12/1995
ISSUED BY THE 2ND RESPONDENT.
Exhibit P2 A TRUE COPY OF THE TREATMENT DETAILS
OF ANEESH, ISSUED FROM THE MARYMATHA
HOSPITAL & REVIVE MIND HEALTH DATED
24/01/2022.
Exhibit P3 A TRUE COPY OF THE CERTIFICATE DATED
21/12/2017, ISSUED TO ABHILASH, BY THE
DEPARTMENT OF NEPHROLOGY, MEDICAL
COLLEGE, KOTTAYAM.
Exhibit P4 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 29/10/2004.
Exhibit P5 A TRUE COPY OF THE APPLICATION FILED
BY THE PETITIONER BEFORE THE 1ST
RESPONDENT DATED 01/02/2007.
RESPONDENT EXHIBITS
Exhibit R2(a) True copy of the Order No.B6-LC-29/95
dated 04.12.1995 issued by the,
Tahsildar Cherthala
Exhibit R2(b) True copy of the Circular No.
20541/C3/09 dated 30. 09.2009 of
Public Work Department
