The petitioners have approached the District Collector, Ernakulam for assignment of land. Ext.P1 is an application. The petitioners submitted that strip of land, which is required for assignment, is in their possession. The petitioners relied on Ext.P4 report of the 4th respondent-Tahsildar and Ext.P5 letter of the Secretary, Tripunithura Municipality. The petitioners submitted that vide Ext.P7 letter the first respondent-State dismissed the petitioners' plea for assignment of land stating that the Government property vested with the Municipality need not transferred to the Revenue Department and that the petitioners have to be dispossessed from the property in accordance with the provisions of the Kerala Land Conservancy Act. 2. I am of the view that this is a case in which decision has to be taken, in terms of the Kerala Land Assignment Act & Rules, whether the land can be assigned to the petitioners or not, is a matter purely come within the domain of the Land Assignment W.P.(C) No.28559/2014 2 Act and Rules. This question has to be decided within the four corners of the above Act and Rules. The petitioners preferred Ext.P8 review petition before the first respondent-State requesting to reconsider the matter.
3. In view of the above, there shall be a direction to the first respondent to consider Ext.P8 in terms of the Land Assignment Act & Rules and pass appropriate orders thereon within a period of two months from the date of receipt of a copy of this judgement, after affording an opportunity of being heard to the petitioners.
The writ petition is disposed of with the above direction.
Sd/-
A.MUHAMED MUSTAQUE, Judge.
Dpk /True copy/ PS to Judge.
W.P.(C) No.28559/2014 3