Petitioners aggrieved by the rejection of assignment of land by Ext.P7 series orders approached the District Collector in Ext.P8 appeal. This appeal is a statutory appeal under Sec.21 of the Land Assignment Act.
2. Learned Senior Government Pleader opposed the prayer of the petitioners for consideration of Ext.P8. It is submitted by the learned Senior Government Pleader that the Government has already found that the petitioners are not in possession of the property and therefore, petitioners are not entitled for the assignment.
3. I am of the view, this has to be considered by the District Collector after considering Ext.P8 appeal. Since Ext.P8 appeal is a statutory appeal, the District Collector/second respondent shall consider Ext.P8 after affording an opportunity of hearing to the petitioners within a period of three months from the date of receipt of a copy of this judgment. The petitioners submit that they are in possession of the property, if petitioners move an application for interim relief before the District Collector within two weeks from W.P(C).No.27105 of 2014 2 today, such application shall be disposed of by the District Collector within two weeks of moving such application. The Senior Government Pleader submits that before passing such orders, Hindustan Newsprint Ltd, Kottayam shall also be heard. Till a decision is taken by the District Collector on interim application, status quo shall be maintained.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/18/10/14