Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 WP(C).No. 30707 of 2012 (K) --------------------------- PETITIONER: ------------- PATHUMMA, AGED 6 YEARS W/O. LATE AYITHRUMANKUTTY VETTATHODUNIL KUNNATHIDAVAKA AMSOM AND DESOM VAITHIRI TALUK WAYANAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, SECRETARIAT THIRUVANANTHAPURAM, PIN-695 001.
2. THE DISTRICT COLLECTOR WAYANAD, PIN”
121. 3. THE TAHASILDAR TALUK OFFICE, VAITHIRI, WAYANAD DISTRICT PIN.673576 BY GOVERNMENT PLEADER SHRI P.A.MOHAMMED SHAH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.30707/12 PETITIONER(S) EXHIBITS EXHIBIT-P1 - TRUE COPY OF THE ORDER DATED 7 5-1994 ISSUED BY THE SECOND RESPONDENT TO LATE AITHRUMANKUTTY EXHIBIT-P2 - TRUE COPY OF THE JUDGMENT DATED 26 9-2003 IN O.P. NO.7579/1994 OF THIS HON'BLE COURT EXHIBIT-P3 - TRUE COPY OF THE REPRESENTATION DATED 7 8-2012 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J.
-------------------------------------------------- W.P.(C)No.30707 Of 2012 -------------------------------------------------- DATED THIS THE 20th DAY OF DECEMBER, 2012 JUDGMENT The petitioner is seeking for a direction to the 1st respondent to take a decision on Exhibit P3 representation within a time frame. The petitioner, along with her husband, purchased 85 cents of land from one Shri P.Balan and they have built up a house therein and planted coffee, pepper and other fruit bearing trees. It was at the time when her husband was alive, who is no more now.
2. The petitioner is aggrieved by Exhibit P1 order, whereby it was held that the property being one assigned under the Land Reforms Act, it could not have been sold by the assignor. Even though the same was challenged by the late husband of the petitioner, it was dismissed as per judgment in O.P.No.7579/1994, making it clear that the same will not stand in the way of the petitioner claiming benefits, if any, under the Rules from the Government. W.P.(C)No.30707/12 -2- 3. The petitioner has filed an application before the Government, after the death of her husband.
4. There will be a direction to the 1st respondent to pass appropriate orders, after notice to the petitioner, within a period of four months from the date of production of a certified copy of this judgment along with a copy of the Writ Petition. Coercive action against the petitioner will not be proceeded with, till orders are passed by the Government in the matter. Further action will depend upon the orders to be passed by the Government. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR) JUDGE. dsn