K J JOHN Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Smt.K.P.Santhi, learned counsel appearing for the petitioner and Sri.Ranjith Thampan, learned Additional Advocate General instructed by Sri.Y.Jaffer Khan, learned Government Pleader appearing for the respondents.

(3.) According to the petitioner, he is in possession and enjoyment of 6.40 Ares of land in Survey No.154/3 in block No.9, Vazhakkala Village, Kanayannur Taluk, Ernakulam Revenue District and that the property has been in possession since 2004. It is further stated that the petitioner is an Ex-service man and now he is working as a coolie worker and that with the help of his friends and relatives, a small house has been built in the property, where the petitioner is residing. The petitioner has submitted an application for assignment of the land and he was assigned 10 cents of land and Ext.P-2 pattayam dated 18.05.1985 was issued to him. The petitioner would contend that he is entitled to obtain the remaining extent of land under Ex-serviceman category. The petitioner's application for assignment of additional land, which is lying appurtenant to the land, was forwarded to the 6th respondent-Village Officer, Vazhakkala for report, who in turn has reported that the petitioner has no other property and that he is entitled to assignment of the land. In this regard Ext.P-3 is the application dated 05.01.2001 for assignment of the remaining extent of land, which is appurtenant to the lands covered by Ext.P-2 patta. The Village Officer had reported as per Ext.P-4 that the petitioner is in possession of 6.40 Ares of land and hence he is entitled to assignment of the land. Yet another report was called for, from the Village Officer and accordingly, the 6th respondent-Village Officer has submitted Ext.P-6 report dated 01.04.2002. By Ext.P-10 the land assignment committee in its meeting held on 19.07.2003 has resolved to assign 2.30 Ares of land after obtaining market value from the petitioner. The 6th respondent-Village Officer has thereafter, submitted Ext.P-12 report dated 25.10.2003 & 17.11.2003 to the 5th respondent-Tahsildar regarding the details and market value. The 6th respondent has again submitted Exts.P-16 & P-17 reports to the 5th respondent, refixing the market value. The 6th respondent has later submitted Ext.P-20 report dated 06.02.2006, stating that there had occurred a mistake in the details submitted earlier and the correct details have been furnished along with the sketch to the 5th respondent. By Ext.P-23 report dated 14.02.2007, the 6th respondent again reported regarding the market value of the property fixing it as Rs.13,63,510/-.