SAHYA HARITHA SANGHAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE course pursued by the 1st respondent in simply sending a report to the Government vide Ext.P5 without passing appropriate orders in the application preferred by the petitioners for assignment of land under the relevant provisions of Land Assignment Acts/Rules, is the subject matter of challenge in this writ petition.

(2.) THE 1st petitioner is stated as a registered Society under the statute of Travancore Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and the 2nd petitioner is a member. It is stated that all the members of the 1st petitioner society are persons belonging to the poor sector of the society, who are mostly landless agricultural workers residing in far remote areas.

(3.) LEARNED counsel for the petitioners submits that the competent authority under the relevant statute is none other than the 1st respondent. After considering the factual particulars, even though a finding has been rendered by the 1st respondent in Ext.P5 dated 15.11.2012, the proceedings have been forwarded to the 4th respondent/State, placing the ball in the court of the 4th respondent. The 4th respondent is not the competent authority under the relevant provisions of the Act/Rules and as such, the action pursued by the 1st respondent is liable to be intercepted; submits the learned counsel.