Petitioners challenging eviction from land demarcated for tribal rehabilitation. Court held petitioners were encroachers on government soil without authorization. Improvements made without permission confer no right to assignment, especially when land is reserved for Scheduled Tribes. Writ petitions dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 2ND DAY OF DECEMBER 2016/11TH AGRAHAYANA, 1938
WP(C).No. 7383 of 2010 (W)
PETITIONER(S):
1. ELSY MATHAI, KOONAMMAKKAL, SINGHUKANDAM, HOUSE NO.VIII/747 (OLD NUMBER), CHINNAKKANAL, MUNNAR, IDUKKI.
2. MATHAI, KOONAMMAKKAL, SINGHUKANDAM, HOUSE NO.VIII/747 (OLD NUMBER), CHINNAKKANAL, MUNNAR, IDUKKI.
BY ADV. SRI.T.M.ABDUL LATHEEF.
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, THIRUVANANTHAPURAM.
2. DISTRICT COLLECTOR, IDUKKI.
3. TAHSILDAR, UDUMBANCHOLA.
BY SR. GOVT. PLEADER SRI.RENIL ANTO.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2016, ALONG WITH WP(C).NO.27395 OF 2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
rs.
WP(C).No. 7383 of 2010 (W)
APPENDIX
PETITIONER'S EXHIBITS:-
| EXT.P1 | COPY OF THE SALE DEED NO.1026 OF 1993 DATED 27/07/1993. |
|---|---|
| EXT.P2 | COPY OF THE APPLICATION DATED 20/06/1969 SUBMITTED BY THE 2ND PETITIONER BEFORE THE VILLAGE OFFICER, CHINNAKKANAL. |
| EXT.P3 | COPY OF THE POSSESSION CERTIFICATE DATED 01/07/1969 ISSUED BY THE VILLAGE OFFICER, CHINNAKKANAL TO THE 2ND PETITIONER. |
| EXT.P4 | COPY OF THE TAX RECEIPT NO.4 DATED 28/10/1999. |
| EXT.P5 | COPY OF THE RESIDENTIAL CERTIFICATE NO.A4-10/01 DATED 24/10/2001 ISSUED BY THE CHINNAKKANAL GRAMA PANCHAYAT. |
| EXT.P6 | COPY OF THE PHOTOGRAPH. |
| EXT.P7 | COPY OF THE PHOTOGRAPH. |
| EXT.P8 | COPY OF THE PHOTOGRAPH. |
| EXT.P9 | COPY OF THE PHOTOGRAPH. |
| EXT.P10 | COPY OF THE JUDGMENT DATED 24/09/2008 PASSED BY THIS HON'BLE COURT IN O.P. NO.15425/2003. |
| EXT.P11 | COPY OF THE GO(MS) NO.8/2010/RD DATED 06/01/2010. |
| EXT.P12 | COPY OF THE NOTICE DATED NIL. |
| EXT.P13 | COPY OF THE NOTICE DATED NIL. |
| EXT.P14 | COPY OF THE COUNTER AFFIDAVIT DATED 01/04/2004 FILED BEFORE THIS HON'BLE COURT IN O.P. NO.15425/2003. |
| EXT.P15 | COPY OF THE PHOTOGRAPH. |
| EXT.P15A | COPY OF THE PHOTOGRAPH. |
| EXT.P15B | COPY OF THE PHOTOGRAPH. |
.....2/-
WP(C).No. 7383 of 2010 (W)
EXT.P15C COPY OF THE PHOTOGRAPH. EXT.P15D COPY OF THE PHOTOGRAPH. EXT.P15E COPY OF THE PHOTOGRAPH. EXT.P15F COPY OF THE PHOTOGRAPH.
RESPONDENT'S ANNEXURES:-
ANNEXURE I COPY OF THE REPORT SUBMITTED BY THE DISTRICT COLLECTOR, IDUKKI.
ANNEXURE II COPY OF THE PLAN AND SKETCH SUBMITTED BY THE TALUK SURVEYOR, UDUMBANCHOLA.
//TRUE COPY//
P.S. TO JUDGE
rs.
K. VINOD CHANDRAN, J.
W.P.(C) Nos. 7383 & 27395 of 2010
Dated: 2nd December, 2016
J U D G M E N T
The petitioners are aggrieved with the eviction ordered of the petitioners from lands said to have been occupied by the petitioners, admittedly, without any authorisation or assignment thereof. The petitioners assert that they have made sufficient improvements in the land and hence they ought to be assigned such lands.
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is also submitted that they had boldly undertaken the agricultural operations, fighting against the odds put up by nature and wild animals and hence, as of now, the petitioners are entitled to get assignment of the properties, for which an application is said to have been filed, pursuant to which Ext.P2 notice is issued.
W.P.(C) Nos. 7383 & 27395/2010
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intervening developments, according to the learned Counsel for the petitioners, were the improvements made in the land, which has not been adverted to in the impugned order.
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The petitioner in W.P.(C) No.27395/2010 claims 1.9021 hectares (4.7 acres), demarcated as plots and said to be existing with cultivation, in the catchment area of the Anayirankal Dam. The land in which the petitioners', put up the claim, is found to be in Survey No.197 of Chinnakkanal Village having an extent of 3.6018 hectares (8.9 acres) which has been set apart for rehabilitation of tribals, and earmarked for distribution as demarcated plots. It was reported that there is found cultivation in the property and there is also existing a partly dilapidated shed. The petitioners were said to be not residing in the said land.
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Village records of the Chinnakkanal Village office, Survey No.197 is found to be remaining as 'Sarkar Puramboke' in the Basic Tax Register. The Re-Survey Land Register (1974-1977) also indicates the same to be Puramboke/Jenmi Sarkar/Possession - Kerala Forest Department and the utilisation is found to be cultivation of Eucalyptus and Pine. The contention that the petitioners were in possession of the property from 1966, hence, was found to be false. The Re-Survey Register of 1974-1977 showed the land to be Puramboke, the owner to be Government, the possession to be with the Kerala Forest Department and the utilisation to be plantation of Eucalyptus and Pine. 9. Smt. Elsy Mathai, who was one of the petitioners in W.P.(C) No. 7383/2010, also asserts title over a portion of the land by Deed No. 1026/1993. The
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said land having an extent of 72 cents in Survey No.259/2A, is stated to be situated 500 meters outside
the land in which the tribals are sought to be rehabilitated. Assignment is claimed of properties demarcated for allottment to tribals. The land in Sy. No.259/2A, on physical inspection, was found to be lying not in consonance with the boundaries, as seen from Deed No.1026/1993. The said land in Survey No 259/2A, was also found to be earlier in the possession of third parties i.e: one Allapicha Rawther S/o. Bava Rawther, whose name is shown under the Transfer of Registry as Sl. No.1956. Allapicha Rawther is said to have conveyed the property to Roy Mathew and V.E. Thomas, which transfer has been recorded in the Transfer of Registry as Sl. No.4163. The said persons are said to have paid the tax till the year 2007-2008.
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The sketch of the properties, as surveyed, is also produced along with the Statement.
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government lands and is also unable to substantiate the possession with any other materials.
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Identical contentions have been taken up with respect to the allotment made to the tribals and the land earmarked for rehabilitation, styled as '301 Colony' in Singukandom Village, and the catchment area of Anayirankal Dam. The improvements were made without any permission and the encroachment is liable for eviction, is the contention of the State. The Possession Certificate issued relates to land in Survey No.259/1, while the petitioner's encroachment is found to be in the land comprised in Survey No.197. The Possession Certificate is also said to be a bogus one and if genuine, not one issued with proper authority. The tenure of land, as in the other case, is noted in the Basic Tax Register as 'Government Puramboke' and the Resurvey Fair Land Register, prepared during the years 1974 and 1975 shows the ownership of the land as
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vested with the Government, the possession with the Kerala Forest Department and cultivated with Eucalyptus and Pine.
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land has been demarcated for allotment to tribals, under a scheme formulated by the Government. The petitioners have no sustainable legal claim and the writ petitions are found to be devoid of merit.
In such circumstance, the writ petitions would stand dismissed. No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 5/12/16
3 issues framed by the court
Whether petitioners entitled to assignement despite encroachment on government land earmarked for tribal rehabilitation.
Validity of possession certificate issued by Village Officer for government lands.
Relief in writ petitions regarding eviction from government land.
Elsy Mathai
Mathai
State of Kerala
District Collector, Idukki
Tahsildar, Udumbanchola
K. Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
