VARGHESE ANTONY Vs. TAHSILDAR RANNI TALUK

JUDGEMENT

(1.) THE petitioners are persons who are in possession of properties in Kollamula Village in Ranni Taluk in Pathanamthitta District. Pursuant to their long occupation of the land, proceedings for assignment of the land under the Kerala Land Assignment Rules were initiated, which resulted in Exts.P3 & P4 orders of Assignment on Registry as early as in 1966 & 1965. THE petitioners' grievance in this writ petition is that, pursuant to the orders of Assignment on Registry pattas have not yet been issued to them under Rule 9 (2) of the Kerala Land Assignment Rules. According to the petitioners, after having issued orders of Assignment on Registry, the respondents were statutorily bound to issue pattas as stipulated under the rules, failure to do which is a failure to exercise the statutory duty vested in them is their contention. Petitioners therefore seek the following reliefs:

(2.) NO counter affidavit has been filed. But the petitioners have along with I.A. NO.10538/2010 produced documents in respect of identically situated persons in the same village. According to the petitioners, identically situated persons filed W.P.(C) NO.30670/2004, wherein Ext.P6 counter affidavit has been filed by the respondents admitting issue of orders on assignment of registry, but taking the contention that, the pattas cannot be issued until the survey of the properties and demarcation are completed. Taking into account the averments in the counter affidavit, this court had by Ext.P7 judgment dated 24.06.2009, directed the respondents to complete the proceedings for assignment of the land to the petitioners in that writ petition. The respondents later applied for extension of time to comply with that judgment which is also pending. Petitioners therefore submit that, petitioners are also entitled to similar reliefs.