1. Petitioner and her predecessors in interest are in possession and enjoyment of 75 cents of sea puramboke mentioned in Ext.P1 for the last 75 years. She has applied for assignment of the said land vide Ext.P1 application. The same was rejected by the District Collector indicating that there is no provision under the Kerala Land Reforms Act or Rules framed thereunder for assigning sea puramboke. Ext.P13 is an appeal filed by the petitioner before the Land Revenue Commissioner, Thiruvananthapuram, which has not been disposed of, despite the fact that it was filed on 29.5.2013.
2. In the meantime, the land conservancy proceedings were taken against the petitioner and orders were passed calling upon the W.P.(C)No.14264 of 2014 -:2:-
petitioner to surrender possession of the said property. Petitioner preferred appeal against the same, which is pending as Ext.P16. In the meantime, proceedings were initiated by the Revenue Divisional Officer by way of Ext.P17, informing the petitioner to appear in person or through representative with all the documents for a hearing.
3. Heard learned Government Pleader. He submits that there is no provision under the Land Assignment Act or Rules framed thereunder for assignment of sea puramboke. Whatever that may be, since statutory appeal is pending before the Land Revenue Commissioner in terms of Ext.P13, the said authority has to pass appropriate orders.
In the facts and circumstances of the case, this writ petition is disposed of directing the second respondent to consider Ext.P13 W.P.(C)No.14264 of 2014 -:3:-
and pass appropriate orders, within a period of two months from the date of receipt of a copy of this judgment.
A.M.Shaffique, Judge.
sl.