JUDGMENT

Dated this the 21st day of January 2021 This writ petition has been filed praying for the following reliefs:

i) Call for the entire records from the respondents pertaining to the issues raised in the writ petition.

ii) Issue a writ, order or direction in the form of a declaration that the petitioner is eligible to get his residential property assigned in accordance with Ext.P8 and related Government Orders, the special enactment and Rules;

iii) Issue a writ of mandamus directing the 2nd respondent to grant assignment on registry to the residential holding of the petitioner pursuant to the application of the petitioner, in terms of Ext.P8 Government Order and Rules;

iv) Issue a writ of mandamus directing the 2nd respondent to consider and pass appropriate orders on Ext.P9 representation submitted by the petitioner without any delay;

v) Issue a writ of mandamus directing the respondents not to demolish the house of the petitioner or dispossess the petitioner and family from his residential property extending about 3 cents comprised in Sy.No.912 of KDH Village, mentioned in Exts.P1 to P6 documents, during the pendency of the proceedings;

vi) Grant such other relief this Hon'ble court may deem fit in the circumstances of the case.

2. The facts are that the petitioner was allotted a plot marked as Plot No.149, having an extent of 5 cents under a scheme for allocating house plots for landless members of the Scheduled Caste Community. The land originally alloted to the petitioner was completely rocky and unsuitable for any kind of construction. The Panchayat, therefore, alloted an alternate land. Following No Objection Certificate from the Revenue Authority and building permit issued by the Grama Panchayat, the petitioner started construction activities.

3. It however appears that the alternate land alloted by the Panchayat was not part of the land originally earmarked by the Government for allocation to landless people of the Scheduled Caste / Scheduled Tribe communities and was part of Government land, which was earmarked for the National Adventure Academic Training Centre, which is stated to be an institution of the Central Government. The construction activities have therefore been interdicted. It is the case of the petitioner that following the NOC Issued by the Revenue Authorities originally and the building permit issued by the Grama Panchayat, he had commenced construction activities and substantial amounts have already been spent.

4. The petitioner has approached the District Collector, Idukki by filing Ext.P9 representation. In the peculiar facts and circumstances of the case, I am of the opinion that the District Collector, Idukki must take up Ext.P9 representation for consideration and after hearing the petitioner and the Panchayat, decide upon the question as to whether the land in question can be assigned to the petitioner, without affecting the project of the National Adventure Academic Training Centre and if not, whether any alternate land can be allocated to the petitioner. This direction is being issued considering the fact that the petitioner is a member of a weaker section of a society and was the beneficiary of allotment of land under a scheme for allotment of land to landless members of the Scheduled Caste / Scheduled Tribe communities and he was unable to utilize the originally alloted land only on account of the fact that the said land was unsuitable for any construction. The District Collector, Idukki shall therefore take up Ext.P9 for consideration and dispose of the same as above, after hearing the parties within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE DK APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A PHOTOCOPY OF CERTIFICATE NO.A2-2753/15 DATED 28.04.2015 ISSUED FROM THE 5TH RESPONDENT PANCHAYATH.

EXHIBIT P2 A PHOTOCOPY OF COMMUNICATION NO.A2/6186/15 DATED 09.10.2015 ISSUED FROM THE 5TH RESPONDENT PANCHAYATH.

E