VINCY CHERIAN Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioners have filed this writ petition under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P7 order dtd. 7/11/2018 of the 4th respondent Additional Chief Secretary to Government, Revenue (R) Department, whereby Ext.P4 representation dtd. 14/9/2017 made by the petitioners for assignment of 99.61 Acres of Government land in Survey Nos.229/1, 2 and 3 of Anaviratty Village in Devikulam Taluk in Idukki District stands rejected for the reasons stated therein. The said representation is one filed by the petitioners after Ext.P1 judgment dtd. 15/11/2013 of the Division Bench of this Court in W.A.No.2090 of 2004, which was followed by Ext.P2 order dtd. 29/1/2014 in R.P.No.50 of 2014, arising out of that judgment. Ext.P4 representation was directed to be considered by Ext.P5 judgment dtd. 27/3/2018 of the learned Single Judge in W.P.(C)No.39322 of 2017. The further relief sought for in this writ petition is a writ of mandamus commanding the respondents not to allot/assign the land in question to third parties; and a declaration that the petitioners are entitled to be allotted and assigned the land as claimed in Ext.P4 representation, in view of Ext.P2 order of this Court dtd. 29/1/2014 in R.P.No.50 of 2014.

(2.) This writ petition along with the connected matters were ordered to be posted before the Division Bench dealing with matters relating to land in Munnar region, by the order dtd. 13/11/2024 of the learned Single Judge.

(3.) By the order dtd. 20/3/2024 in I.A.No.1 of 2024, additional respondents 5 to 8 were impleaded. The said respondents have filed a counter affidavit dtd. 24/5/2024, opposing the reliefs sought for in this writ petition, producing therewith Exts.R5(a) to R5(d) documents.