Writ petitions for land assignment dismissed; court held representations not enforceable under Ext.P1 Rules due to absence of published list of assignable lands.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930
WP(C).No. 377 of 2009(T) ------------------------
PETITIONER:
C.A. RAMANKUTTY, S/O. ARUMUGHAN, MANJU NIVAS, MAYILAMPULLY, NABULLIPARA.P.O, MUNDUR, PALAKKAD DISTRICT.
BY ADV. SRI.H.BADARUDDIN
SMT.AYSHA RAHMAN
RESPONDENTS:
BY ADDL. ADVOCATE GENERAL, SRI. RANJITH THAMPAN.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, ALONG WITH WPC NO. 412 OF 2009 & WPC NO. 413 OF 2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J.
JUDGMENT
Petitioners in these writ petitions seek consideration of Exts.P3 and P4(in WPC 377/09) and Exts.P4 and P5 (in WPC 412 & 413/09) representations made by the respective petitioners for assignment of the lands in terms of Ext.P1 Rules. Petitioners were in possession of certain lands, which according to the learned Additional Advocate General, were forest lands. It is also stated on behalf of respondents that the petitioners have been evicted on 13.06.08. In so far as the representations now made by the petitioners are concerned, the learned Additional Advocate General points out that if such representations are made in terms of Ext.P1, such representations are entertainable only in terms of Rule 6 thereof. It is stated that there has not been any publication of list of assignable lands in which event only there can be an application for assignment also.
W.P.C.Nos. 377, 412 & 413 OF 2009
-:2:-
in directing the respondents to consider the representations.
Hence, the writ petitions are dismissed.
(ANTONY DOMINIC, JUDGE)
ttb
1 issue framed by the court
Whether the court can direct respondents to consider representations for land assignment when the list of assignable lands has not been published under Ext.P1 Rules Rule 6.
C.A. RAMANKUTTY
SMT.AYSHA RAHMAN
THE DISTRICT COLLECTOR, PALAKKAD
THE CUSTODIAN OF PRIVATE FOREST AND CONSERVATOR OF FOREST AND WILD LIFE
THE DIVISIONAL FOREST OFFICER, OLAVAKKODE, PALAKKAD
THE TAHSILDAR, PALAKAD TALUK
ANTONY DOMINIC
As recorded by the court registry
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