SARASAMMA Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner had requested for assignment of, 1.41 ares of PWD road puramboke land in Block no.10 of Thekkekkara village in Mavelikkara Taluk. Even though as per Ext.P1 letter, the 3rd respondent had on 29.06.2009 reported to Government that 63 Sq. Mtrs of land can be assigned to the petitioner as 78 Sq. Mtrs of land was found necessary for road margin, road development etc, so far no positive action is taken for assignment of this land.

(2.) Petitioner claims that Ext.P3 possession certificate was issued to her in respect of 1.41 ares in PWD road puramboke in Re-Survey No. 45 of Block No. 9 of Thekkekkara Village on certain conditions. As per Ext.P4 order on 07.01.2010, the Tahasildar had informed her that her application for assignment cannot be granted since the PWD Authorities have already instructed that applications for assignment of land adjacent to land adjoining PWD road and PWD road puramboke shall not be entertained. The Petitioner thereafter approached this Court and this Court by Ext.P5 judgment set aside the Tahasildar's order rejecting her application and directed the Tahasildar to reconsider the request of the petitioner in her application on the basis of Ext.P1 report as well as the mahazer.

(3.) This Court had in Ext.P5 judgment observed that even if there was any objection for assignment of 78 Sq.Mtrs. of road puramboke, it was for the 2nd respondent to consider whether the balance extent of 63 Sq.Mtrs, can be assigned to petitioner in the light of the reports recommending assignment, from the road puramboke, considering her prolonged possession and occupation of the property. The Tahsildar, thereafter issued Ext.P6 order, again rejecting her request stating that there are no records or documents in respect of the property in possession of the petitioner and again stated that there are instructions from PWD Authorities not to entertain application for assignment of land adjoining to PWD puramboke and road margin.