Writ petition challenging interference with property possession. Court observed petitioner, a government servant, suppressed status. Dismissed petition due to lack of concrete evidence proving legal possession required for land assignment under relevant Act.
Writ petition dismissed; no direction issued to respondents to accept land assignment application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940
WP(C).No. 1350 of 2019
PETITIONER:
K.SUBRAMANIAN AGED 56 YEARS
S/O.KANNIAPPAN, RESIDING AT H.NO.X/1410(2), IKKA NAGAR COLONY, MUNNAR P.O., IDUKKI DISTRICT, PIN-685 612.
BY ADV. SRI.N.M.VARGHESE
RESPONDENTS:
WP(C).No. 1350 of 2019
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BY ADV. GOVERNMENT PLEADER
M R DHANIL SPLGP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner approached this Court
challenging an action of the respondent interfering the possession and enjoyment of property having an extent of 5 cents in Sy.No.912 of Kannan Devan Hills(KDH) Village.
the application has been submitted for assignment of land and that is pending.
conveniently suppressed his status as a
Government servant being Head Master of a Government School. A Prohibitory Order has been
issued to the petitioner as per Ext.P8. This
Order was issued by the Village Officer Munnar,
prohibiting the construction in violation of
WP(C).No. 1350 of 2019
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the direction of this Court in
W.P.(C)No.1801/2010.
respondent it is stated that no application has been submitted by the petitioner for assignment
of land. Further it is stated that the
petitioner, being a Government servant, cannot claim assignment of land under the Kannan Devan Hills (Resumption of Lands) Act, 1971.
Government Pleader that land can only be assigned to an agricultural labour. It is contented in
counter that the petitioner has recently
encroached the land.
the building. The genuineness of Ext.P1 is questioned in the counter. There is nothing on
WP(C).No. 1350 of 2019
record to relate the ownership certificate of the
land in question. In the counter, it is
contended that petitioner is not in possession of the land.
that the petitioner is in possession of the land, this Court even cannot direct the respondents to accept the application for assignment. It is contented in the counter statement that Exts.P1
and P2 produced by the petitioner are not genuine. In the absence of any other concrete evidence to show that the petitioner is in legal possession of the same, no direction can be issued.
The Writ Petition is dismissed as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
PR/7.03.2019
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A PHOTOCOPY OF CERTIFICATE OF POSSESSION NO.989/1998 DATED 21.05.1998 ISSUED IN THE NAME OF THE PETITIONER'S FATHER.
| EXHIBIT P2 | A PHOTOCOPY OF SKETCH OF THE PROPERTY PREPARED BY THE VILLAGE OFFICER. |
|---|---|
| EXHIBIT P3 | A PHOTOCOPY OF BUILDING TAX RECEIPT NO.6373965 DATED 21.12.2018 ISSUED FROM THE LOCAL AUTHORITY. |
| EXHIBIT P4 | A PHOTOCOPY OF RESIDENTIAL OWNERSHIP CERTIFICATE NO.A3-7454/19 DATED 11.01.2019 ISSUED IN THE NAME OF THE PETITIONER. |
| EXHIBIT P5 | A PHOTOCOPY OF RELEVANT PAGES OF RATION CARD OF THE FAMILY OF THE PETITIONER. |
| EXHIBIT P6 | A PHOTOCOPY OF AADHAAR CARD NO.9762 6194 4106 OF THE PETITIONER. |
| EXHIBIT P7 | A PHOTOCOPY OF GOVERNMENT CIRCULAR NO.70741/A2/2015/REV. DATED 18.10.2016. |
| EXHIBIT P8 | A PHOTOCOPY OF ORDER NO.24/18 DATED 16/01/2018 ISSUED BY AN OFFICER UNDER THE 4TH RESPONDENT. |
| EXHIBIT P9 | A PHOTOCOPY OF CERTIFICATE OF EMPLOYMENT OF THE FATHER OF THE PETITIONER DATED 21/06/2012. |
| EXHIBIT P10 | A PHOTOCOPY OF CERTIFICATE OF EMPLOYMENT OF PETITIONER'S MOTHER DATED 13/05/2014. |
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RESPONDENTS EXHIBITS:
EXHIBIT R4 A A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER. EXHIBIT R4 B TRUE COPY OF THE RATION CARD. EXHIBIT R4 C TRUE COPY OF THE INFORMATION OBTAINED FROM THE TALUK SUPPLY OFFICE OF DEVIKULAM DATED 29/01/2019.
EXHIBIT R4 D TRUE COPY OF THE RELEVANT PAGE OF THE NEWS PAPER REPORT DATED 04/12/2018. EXHIBIT R4 E TRUE COPY OF THE RELEVANT PAGE OF THE NEWS PAPER REPORT DATED 18/01/2019.
3 issues framed by the court
Whether a government servant eligible for land assignment under the Kannan Devan Hills Act
Whether the petitioner possesses legal evidence of title or possession over the property
Whether respondents should be directed to accept the land assignment application
K.SUBRAMANIAN
STATE OF KERALA
THE DISTRICT COLLECTOR, COLLECTORATE KUYILIMALA
THE TAHSILDAR, DEVIKULAM TALUK
THE SPECIAL TAHSILDAR, MUNNAR
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
