THE HONOURABLE MR v. APPENDIX

WP(C) NO:23223/20062are being deceived by us with promises and promises alone. Noland is being assigned to them.Post after two weeks.”Even after two months, there is absolutely no responsefrom respondents 1 and 2. That shows how they treat theorders of this Court, ie. with scant respect. This Court cannotcountenance such conduct on the part of the Governmentofficials. In the above circumstances, I direct the 2nd respondentto appear in person on 27.10.2011 to explain the conduct ofrespondents 1 and 2 in the matter.Post on 27.10.2011.3. The second respondent has now filed an affidavitwhich reads as follows :“2. This Hon'ble Court was pleased to direct theserespondents to submit as to within what time thepetitioners in the above Writ Petition will be made availablelands as promised by the Government. This affidavit isfiled in pursuance to the direction of this Hon'ble Court. Itis submitted that I along with the Principal Secretary,SC/ST Development Department Sri.S.Subbayya and theLand Revenue Commissioner Smt.K.B.Valsalakumari madea visit to the 301 settlement colony as covered by variouspattas issued in 2003 on 07.11.2011. On our personal siteinspection we found that the petitioner No.2 is residing inthe plot No.201 allotted to her vide pattayam Ext.P3 in abuilding constructed by the SC/ST Department utilizing theGovernment aid through TRDM. A true copy of thephotograph taken during our visit wherein the 2ndpetitioner is residing now is produced herewith and markedas Exhibit R2(a).3. It is also submitted that the 3rd petitioner is alsoresiding in the plot No.248 allotted vide Ext.P3 pattayam.The building in which the 3rd petitioner is residing is alsoconstructed utilizing the funds under TRDM. A truephotograph of the building in which the 3rd petitioner is WP(C) NO:23223/20063residing is produced herewith and marked as Exhibit R2(b). Our further enquiry and site inspection revealed thatthe 4th petitioner is also residing in the buildingconstructed utilizing the funds under TRDM by theGovernment, in the very same plot allotted to the 4thpetitioner vide Ext.P3 pattayam. A true photograph isproduced herewith and marked as Exhibit R2(c). It issubmitted that the petitioners told these respondents somedifficulties related to water and certain other facilities to bemade available to them. These respondents have alreadyinitiated action to provide all the facilities that arenecessary for their safe living and habitation in the land.4. With respect to the plot allotted to 1st and 5thpetitioners it is submitted that these petitioners have leftthe place from the land allotted vide Ext.P3 pattayam.Hence after discussion with all the concerned officials theserespondents have taken a decision to allot plot No.328 and327 to the 1st and 5th petitioners respectively which areamong the safest plots and located close to the public roadand near to the existing habitations. In the circumstancesthe Tahsildar, Udumbanchola was directed to assign plotNos.328 and 327 in favour of 1st and 5th petitioners.Hence by proceedings No.K2 22254/11 dated 09.11.2011the Tahsildar, Udumbachola has already issued proceedingsby which the above plots are assigned to the 1st and 5thpetitioners respectively in compliance with the order of theHon'ble Court. A true copy of the proceedings is producedherewith and marked as Exhibit R2(d).5. It is further submitted that the 1st petitioner RajanRaman has already fled similar writ petition No.8814/2010seeking assignment of 1 Hectare of land in Perinjamkuttyarea after having encroached without authority. A truecopy of the order dated 17.03.2010 in W.P.(C)No.8814/2010 filed by the 1st petitioner along with 18others is produced herewith and marked as Exhibit R2(e).6. It is further revealed that the 1st petitioner has alsofurther filed W.P.(C) No.1693/2009 alleging eviction fromVathukudy Tribal Hostel. A true copy of the W.P.(C)No.1693/2009 filed by the 1st petitioner under theassumed name K.R.Rajan @ Raman is produced herewith WP(C) NO:23223/20064and marked as Exhibit R2(f).7. It is submitted that the 1st petitioner has been filing writpetitions after writ petitions under various names claimingvarious extents of lands before this Hon'ble Court. Thesaid practice has to be sternly dealt with and the 1stpetitioner is liable to be reprimanded by this Hon'ble Court.8. It is further submitted that this Hon'ble Court may bepleased to dispose of the above writ petition based on thesubmissions above and further be pleased to condone anydelay or lapse that happened in filing the affidavit asdirected by this Hon'ble Court.”In view of the averments in the affidavit, no furtherorders are necessary in this writ petition except to record thesaid affidavit. Accordingly, recording the said affidavit, this writpetition is disposed of. S.SIRI JAGAN, JUDGEAV