The court emphasizes the mandatory consideration of land assignment applications under the Kerala Panchayat Raj Act and the right to objection by affected parties.

JUDGMENT

This writ petition is filed seeking the following reliefs:

“i.To issue a writ of Certiorari or any other appropriate writ, order or direction to call for the entire documents culminated in Exts.P10 show cause notice and to quash the same;

ii.To issue a writ of Mandamus or any other appropriate writ, order or direction to call for the entire records culminated in Ext.P8 communication forwarded to the 2nd respondent and direct the 2nd respondent to consider the application submitted by the petitioner referred as application No. 2036739/2017/MIN/(REV) dated 16-11-2017 in accordance with law and pass orders ;

iii.To issue a writ of Mandamus or any other appropriate writ, order or direction to the 2nd respondent to consider and pass orders in Exhibit P9 representation within a time period as fixed by this Hon’ble Court in accordance with law;

iv.To issue a writ of Mandamus or any other appropriate writ, order or declaration declaring that any third party has no role in the matter of assignment of revenue land to a landless person under the Kerala Panchayat Raj Act ;

v.To dispense with the translation of the documents produced in the vernacular language;

vi.Award cost of these proceedings to the petitioners; and vii.Pass such other or further orders as this Hon’ble court may deem fit and proper in the circumstances of the case ”

[SIC]

2. According to the petitioner, he is a landless person and an agriculturist. The petitioner and his wife are residing in a temporary shed with a plastic sheet covered roof, situates in Re. Survey No. 459B of Pullur Periya Grama Panchayat, and they were residing there for the last 15 years. Ext.P1 is the certificate of the Village Officer, Pulingome stating that the petitioner or his family members have no other landed property. The petitioner submitted that, he has submitted an application for assignment of land, and it is forwarded to the District Collector, as evident from Ext.P8 is the submission. Now the 3^rd respondent Panchayt, pursuant to a complaint from the 5^th respondent directed to demolish the illegal construction of the building erected by the petitioner, where he now resides. Aggrieved by the same, this writ petition is filed.

3. Heard the learned counsel for the petitioner, the learned Government Pleader and also the learned counsel appearing for the 5^th respondent.

4. A perusal of Ext.P8 would show that a land assignment application submitted by the petitioner is forwarded to the 2^nd respondent.

5. If that is the case, the 2^nd respondent can be directed to consider the same. As far as Ext.P10 is concerned, the petitioner can be allowed to file his objection to the same, and there can be a direction to the panchayat to consider the same, after giving an opportunity of hearing to the petitioner and the 5^th respondent.

6. The learned counsel for the 5^th respondent submitted that the petitioner’s request is to assign the property of the 5^th respondent to him. I make it clear that the authority concerned is free to pass appropriate orders in accordance with law, and I have not considered the matter on merit. Therefore, this writ petition is disposed of with the following directions:

i) The 2^nd respondent is directed to consider and pass appropriate orders in the assignment application which is referred in Ext.P8, if it is pending as on today, after giving an opportunity of hearing to the petitioner and the 5^th respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

ii) The petitioner is free to submit his objection to Ext.P10, within a period of one month from the date of receipt of a copy of the judgment.

iii) If such an objection is received, the 4^th respondent will