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Judgment
C. Jayachandran, J
This writ petition is preferred by the petitioner, seeking a writ of mandamus or any other appropriate writ to the respondents to consider and pass orders in Ext.P6 application, which was preferred way back in the year 1982, seeking assignment of the subject land, having an extent of 6.86 Acres, according to the petitioner. The petitioner would also seek stay of all further proceedings pursuant to Exts.P3 and P5 orders, until disposal of Ext.P6 application for assignment.
I heard the learned counsel for the petitioner and the learned Government Pleader, representing the respondents.
The learned Government Pleader would submit that the petitioner had not paid the arrears regarding kuthakapattam dues in respect of the subject property and therefore, he is not entitled to assignment of the said land.
Ext.P1 order dated 01.02.1990, of the Revenue (U) Department, would confirm that the petitioner had applied for assignment of land and that assignment will be made only on payment of the market value. Similarly, Ext.P2 letter, issued by the father of the petitioner dated 02.03.2002, also refers to the pendency of the application for assignment of land. Ext.P3 is a letter issued by the Additional Tahsildar, Nedumangad, to the father of the petitioner, affording an opportunity to the petitioner's father, when 3.62 Acres of land was sought to be resumed by the Government. The very fact that the Government is claiming kuthakapattam dues would indicate that the petitioner is in possession of the subject land, which is referred to as 3.92 Acres in Ext.P1 order and 6.86 Acres as per the Ext.P6 application of the petitioner's father.
In view of the fact that Ext.P6 application for assignment of the land is pending way back from 1982, it is only just in proper that the 3rd respondent considers and pass orders in Ext.P6 application, within a period of two months from the date of receipt of a copy of this judgment. Needlessto say, that the 3rd respondent will afford an opportunity of being heard to the petitioner before passing any orders in Ext.P6 application.
It is further directed that the petitioner shall in the meantime, pay the arrears of kuthakapattam dues, for which, the 3rd respondent will quantify the arrears as on the date of this judgment and inform the petitioner. The petitioner will effect payment within one month from the date of such information. Until disposal of Ext.P6 application, Ext.P3, which purports to resume the land by the Government, will stand stayed.
The learned Government Pleader would require that the petitioner be directed to produce a copy of the Writ Petition, along with the Exhibits, before the 3rd respondent. The petitioner is directed to do the same.
This writ petition is disposed of as above.