N.E THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is seeking for a direction for implementation of Ext.P2 order passed by the Government in toto without recourse to any proceedings under the Kerala Land Assignment Act and Rules. By the said order, the Government has assigned back to the petitioner 25 cents of land in R.S. No.55/1A in Kallar Village, Hosdurg Taluk of Kasaragod District. The said land was surrendered by the petitioner to the Government for the purpose of constructing a Government Ayurveda Dispensary. The order has been passed as a special case relaxing the provisions of the Kerala Land Relinquishment Act and Rules.

(2.) The facts are these: The property surrendered by the petitioner was not used for the construction of Dispensary and it was constructed in some other property and has started functioning. Therefore, the petitioner's property remained unused and idle. It was in these circumstances, the petitioner prayed for the return of the same. The Director of Ayurvedic Department reported to the Government that the department has no objection in releasing the land to the petitioner since the same is not required for the department. The application submitted by the petitioner was initially rejected by the Government which was challenged in W.P.(C) No.2673/2006. This Court, by Ext.P1 judgment quashed the said order and directed the Government to reconsider the matter.

(3.) Ext.P2 order has been passed after hearing the parties. Thereafter, the petitioner approached the authorities for return of the land. The petitioner was given a communication by the second respondent as per Ext.P3 intimating that he has to submit necessary land assignment application under the Land Assignment Act, before the Tahsildar. He sent a reply thereafter as per Ext.P4 objecting to the said procedure and requesting to pass necessary orders after collecting basic tax.