C.A.ABDUL RAHIM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Writ Petition filed by the appellant was dismissed by the learned Single Judge. Following reliefs were sought therein:

(2.) Brief averments in the petition, necessary for disposal of this case, are the following: Appellant's father deceased Abdul Rauf had ancestral properties in Cheranellur Village. His father had given about 1.5 acres of land in the same Village to 15 kudikidappukars under the provisions of the Kerala Land Reforms Act, 1963. Another 16 cents belonging to him was acquired for NH 17. Appellant's father had eight children, out of which seven are alive, including the appellant. It is the contention that the appellant and each one of his siblings will only get less than 10 cents of land as inherited property. In the middle of the property owned by the appellant's father in Sy. No.241/2 (R.S.No.601/5) of Cheranallur Village, there was a pond having an area of 33 cents. All the properties around the said pond belonged to the ancestors of the appellant. The pond was in the possession of the family of the appellant for more than four decades. During rainy season, the pond will be fully covered with water. During summer, mixed crops were cultivated known as 'kondal cultivation'.

(3.) Appellant's father applied for assignment of the pond in the year 1981. The proceedings were kept in abeyance by the authorities along with other similar applications. Appellant's father again made an application on 20.04.1994 (Ext.P10) and at the instance of the Revenue Authorities another application was submitted on 21.07.1994 (Ext.P11). So many reminders were also sent by appellant's father requesting for assignment of lands. Pending decision on the applications, appellant's father died. Then, appellant's mother submitted another application on 14.12.2000 (Ext.P14). No decision was taken by the authorities till the death of appellant's mother on 07.12.2004. Thereafter, appellant and his siblings jointly filed representations before the 1st respondent on 11.01.2006 (Ext.P16).