2025:KER:27445 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.M.MANOJ FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 36623 OF 2016 PETITIONERS: 1 ANOOP.P.V AGED 28 YEARS, S/O PALANGADAN CHINDAN, KAITHAPRAM, MATHAMANGALAM P.O, KANNUR TALUK AND DISTRICT. 2 ANISHA P.V AGED 24 YEARS, D/O PALANGADAN CHINDAN, KAITHAPRAM, MATHAMANGALAM P.O, KANNUR TALUK AND DISTRICT BY ADVS. SRI.P.R.SREEJITH SRI.M.PROMODH KUMAR RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2 DISTRICT COLLECTOR, KANNUR DISTRICT 670 001. 3 THAHSILDAR, KANNUR TALUK, KANNUR DISTRICT 670 001. SMT.RASHMI.K.M,SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No.36623 of 2016 2 2025:KER:27445 P.M. MANOJ, J ------------------------------ W.P.(C) No.36623 of 2016 -------------------------------------------------- Dated this the 28th day of March, 2025 JUDGMENT The writ petition has been preferred, being aggrieved by the non-implementation of Ext.P5 order issued by the 2nd respondent. 2. It is the case of the petitioners that they are the children of Late.Palangadan Chindan who was assigned 96 cents of land as per Ext.P1. However, possession was not granted to them. 3. Under such circumstances, the assignees as per Ext.P1 approached this Court by preferring O.P. No.5626 of 1997. By judgment dated 27.05.1997 in O.P. No.5626 of 1997, a direction was given to the District Collector that if the land already assigned as per Ext.P1 was not available, alternative land should be assigned. Thereafter by Ext.P5, the Collector has passed fresh orders, whereby the same extent of land was assigned to the predecessor of the petitioners, as evident from Ext.P5 proceedings dated 11.02.2013. Even thereafter, no steps have been taken to handover the possession of the said property. This is the circumstance in which the writ petition has been preferred. W.P.(C) No.36623 of 2016 3 2025:KER:27445 4. When the matter is taken up for consideration today, the learned Government Pleader, on instructions, submitted that the District Collector has taken a decision to reduce the extent of land assigned as per Exts.P1 and P5 due to shortage of land available for assignment to the landless. However, no specific reason has been assigned for such reduction, or there is no procedure followed for altering the order passed as per Ext.P5. Under such circumstances, I do not find any reason to upheld decision of the District Collector to interfere with Ext.P5. Accordingly, there will be a direction to the 2nd respondent District Collector to implement Ext.P5 within a period of three months from the receipt of a certified copy of this judgment. Accordingly, the writ petition is allowed. Sd/- P.M.MANOJ JUDGE sss W.P.(C) No.36623 of 2016 4 2025:KER:27445 APPENDIX OF WP(C) 36623/2016 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DEED OF ASSIGNMENT IN FAVOUR OF THE PETITIONERS FATHER DATED 23-02-1975 ASSIGNING 96 CENTS IN RS NO 100/1A IN PANAPUZHA VILLAGE. EXHIBIT P2 A TRUE COPY OF JUDGMENT DATED 27-05-1997 IN OP 5626/1997 OF THIS HON'BLE COURT EXHIBIT P3 A TRUE COPY OF THE 1ST PETITIONER'S REPRESENTATION DATED 20-07-2013 BEFORE THE HON'BLE CHIEF MINISTER OF KERALA ALONG WITH FORWARDING LETTER. EXHIBIT P4 A TRUE COPY OF THE 2ND RESPONDENT'S REPORT DATED 23-08-2014 TO THE 1ST RESPONDENT. EXHIBIT P5 A TRUE COPY OF PROCEEDINGS DATED 11-02- 2013 OF THE 2ND RESPONDENT.