An Ex-Serviceman sought assignment of 50 cents of puzha puramboke land in a Grama Panchayat, which was refused because the land vested in the Panchayat cannot be assigned and because he already held 1½ acres. The High Court found no ground to interfere with the rejection and dismissed the writ petition.
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 ANIL K.NARENDRAN
TUESDAY, THE 22ND DAY OF SEPTEMBER 2020 / 31ST BHADRA, 1942
W.P.(C)No.30774 OF 2012(V)
PETITIONER :
V.K.ACHUTHAN AGED 68 YEARS S/O.PAITHAL KURUP, VIDYA BHAVAN, PALAYADUNADA P.O., IRINGAL, KOZHIKODE.
BY ADV. SMT.SARITHA DAVID CHUNKATH
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, SECRETRIAT, THIRUVANANTHAPURAM – 695 001.
LOCAL ADMINISTRATION, SECRETRIAT, THIRUVANANTHPURAM – 695 001.
3 THE SECRETARY, DEPARTMENT OF REVENUE, SECRETRIAT, THIRUVANANTHAPURAM – 695 001.
4 THE DEPUTY DIRECTOR OF PANCHAYATH KOZHIKODE – 673 001.
5 MANIYOOR GRAMA PANCHAYATH REPRESENTED BY ITS SECRETARY, MANIYOOR GRAMA PANCHAYATH, KOZHIKODE DISTRICT – 673 328.
R1 TO 4 BY GOVERNMENT PLEADER SMT VIDHYA A.C. R5 BY ADV. SMT.JAYASREE MANOJ R5 BY ADV. SRI.N.MANOJ KUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who is an Ex-Serviceman, who retired from Indian Army in the year 1982, after serving the Nation for 21 years, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P9 order dated 12.10.2012 issued by the 1st respondent State of Kerala, whereby the application made by the petitioner for assignment of 50 cents of land in Resurvey No.2 (Part) in Palayadu Village in Maniyoor Grama Panchayat stands rejected on the ground that puzha puramboke vested with Maniyoor Grama Panchayat cannot be assigned under the provisions of the Kerala Land Assignment Rules, 1964, in view of the provisions under Section 218 of the Kerala Panchayat Raj Act, 1994. Another ground stated in Ext.P9 order for rejection of the application for assignment of land is that the petitioner is holding 1½ Acres of land and as such, he is not entitled for assignment, based on his application dated 27.12.2006. The petitioner has also sought for a writ of mandamus commanding the respondents to assign him 50 cents of land in Resurvey No.2 (Part) in Palayadu Village in Maniyoor Grama Panchayat; a writ of mandamus directing the 3rd respondent Secretary, Revenue Department to consider his
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case and take necessary steps to assign him 50 cents of land in Resurvey No.2 (Part) in Palayadu Village in Maniyoor Grama Panchayat; and to direct the respondents not to take any action to evict him from the land assigned to him on lease for cultivation in Resurvey No.2 (Part) in Palayadu Village in Maniyoor Grama Panchayat.
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by the petitioner for assignment of 50 cents of land in Resurvey No.2 (Part) in Palayadu Village in Maniyoor Grama Panchayat stands rejected on the ground that puzha puramboke, which is vested with Maniyoor Grama Panchayat cannot be assigned under the provisions of the Kerala Land Assignment Rules, in view of the provisions under Section 218 of the Kerala Panchayat Raj Act, 1994. Fuhrer, since the petitioner is holding 1½ Acres of land, he is not entitled for assignment land.
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Re.Sy.No.110 of Palayadu Village to Sri T.N. Narayanan, an ExServiceman. By Ext.P2 order dated 30.07.1987 of the Director of Panchayats, permission was granted for assignment of 120 cents in Resurvey No.2 (Part) of Palayadu Village to Sri K.Sreedharan Nambiar, another Ex-Serviceman. As evident from Ext.P3, the Committee of Maniyoor Panchayat, vide decision No.59 dated 20.03.1986, decided to assign 50 cents of puramboke land in Resurvey No.2 (Part) of Palayadu Village to the petitioner, after obtaining permission from the Director of Panchayats. The Executive Officer of Maniyoor Panchayat submitted Ext.P4 report dated 03.12.1987 before the Director of Panchayats, pointing out that the petitioner has been remitting tax since 1969 and that, by Exts.P1 and P2 orders of the Director of Panchayats the Panchayat was permitted to assign puramboke land to two Ex-Servicemen.
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Maniyoor Panchayat after the Panchayat election. As evident from Ext.P6, the Committee of Maniyoor Panchayat, vide decision No.363 dated 18.12.1990, resolved to inform the Director of Panchayats its consent to assign the puramboke land to the petitioner. The petitioner filed W.P.(C). No.21214/2007 before this Court, seeking consideration of his representation dated 27.12.2006 filed before the Government for effecting transfer of the land. That writ petition was disposed of by Ext.P7 judgment dated 11.06.2012, whereby the Secretary of the Local Administration Department to consider that representation and pass appropriate orders thereon, within 3 months, after affording the petitioner an opportunity of being heard. The petitioner was called for a personal hearing on 14.09.2012, vide notice dated 01.09.2012. The Deputy Director of Panchayaths, Kozhikode, submitted Ext.P8 report dated 10.09.2012 to the Principal Secretary, Local Self Government Department, stating that the petitioner is eligible for assignment of land and that, he had been cultivating in the said land. However, by Ext.P9 order dated 12.10.2012, the 2nd respondent rejected the application made by the petitioner for assignment of land for the reasons stated therein.
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stated that 50 cents of land in Resurvey No.2 (Part) of Palayadu Village, which is vested with Maniyoor Grama Panchayat cannot be assigned under the provisions of the Kerala Land Assignment Rules, in view of the provisions under Section 218 of the Kerala Panchayat Raj Act. Fuhrer, since the petitioner is holding 1½ Acres of land, he is not entitled for assignment land. The fact that the petitioner is holding 1½ Acres of land in his name is not in dispute. The petitioner would point out that, Sreedharan Nambiar and Narayanan, the Ex-Servicemen who are the beneficiaries of Exts.P1 and P2 orders are holding 2.5 Acres and 2 Acres land respectively, apart from the puramboke land assigned.
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assign puramboke land vested in the Grama Panchayat. As per Rule 12 of the Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005, the Panchayat shall not sell, transfer, alienate, create any encumbrance on or otherwise disposed of, any property transferred to it by the Government. In the counter affidavit, it is pointed out that, out of 395 acres of river puramboke vested in Maniyoor Grama Panchayat, majority of the land is in the possession of persons who had taken the land on lease.
“(1) The following, that is to say:-
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are, and are hereby declared to be, Government lands except as may be otherwise provided by any law for the time being in force, subject to all rights of way and other public rights and to the natural and easement rights of other land owners and to all customary rights legally subsisting.
Explanation I.- Land registered in the name of a person but subsequently abandoned or relinquished and all lands held by right of escheat, purchase, resumption, reversion or acquisition under the Land Acquisition Act for the time being in force as Government lands within the meaning of this sub-section.
Explanation II.- In this sub-section the expression 'high water mark' means the highest point reached by the ordinary spring tide at any season of the year.”
As per clause (2) of Section 2, in this Act, unless the context
otherwise requires, (a) 'assignment' includes a transfer of land by
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way of lease and a grant of licence for the use of land; (b) 'assignee' includes his heirs; (c) 'prescribed' means prescribed by rules made under this Act.
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supersession of the Rules of assignment of Government lands issued under notifications I and II G.O.(Press)No.1029/Rev. Dated 18.10.1958, published in the Kerala Gazette Extra Ordinary No.107. Clause (c) of Rule 2 define 'assignment' to mean transfer of land by way of registry and includes a lease and a grant of licence for the use of the land. Clause (cc) of Rule 2 define 'encroachment not considered objectionable' to mean encroachment on Government land, which is available for assignment, by a person or a family eligible to get land, on registry under these rules. Clause (cd) of Rule 2 define 'beneficial enjoyment' to mean the enjoyment of land for purposes like providing approach road to the assignee's registered holding and protection of his watercourse, standing crops and buildings. Clause (d) of Rule 2 define 'family' to include a person, his wife or her husband, their children living with or dependent on them and also the parents who are solely dependent on such person. As per clause (e) of Rule 2, 'Government lands' shall, for purposes of these rules, consist of lands belonging to Government and available for assignment as per lists prepared by the Revenue Department and approved by the competent authority under these rules and such other lands as may be set apart for
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purposes of these rules.
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four acres of dry land in hilly tracts. As per Note to sub-rule (1) of Rule 5, in the case of occupied lands and lands held on lease, whether current or time expired or by way of encroachment not considered objectionable, where the occupant has not effected valuable improvements on the lands, one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land, and one acre of wet land in the hilly tracts shall be deemed to be equivalent to three acres of dry land and in the cases of lands held on lease whether current or time expired or by way of encroachments not considered objectionable where the occupant has effected valuable improvements on the, lands, one acre of wet land in the plains shall be deemed to be equivalent to one acre of dry land and one acre of wet land in the hilly tracts shall be deemed to be equivalent to two acres of dry land. As per sub-rule (2) of Rule 5, when a family owns or holds any land over which it has proprietary right or has security of tenure, only the balance of extent of Government land necessary to make up the extent admissible under sub-rule (1) shall be granted to it on registry.
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(a) to (i) shall be treated as hilly tracts. As per clause (ii) of Explanation, 'valuable improvements' shall mean improvements by cultivation of tea, coffee, rubber, cardamom, arecanut, pepper or coconut or by way of construction of contour bunds or kayal bunds or by way of construction of buildings. As per clause (iii) of Explanation, for the purpose of calculating the extent of land that may be assigned to a family, the total extent of land possessed or held with proprietary right or fixity of tenure by the head of the family and also the members of the family both individually and collectively shall be taken into account. Assignment made in favour of a family under these rules shall, for the purpose of calculating the maximum extent that may be so assigned, include assignment made to members of the family both individually and collectively, the total extent so assigned not exceeding the maximum area that may be assigned to that family. The area under encroachment by a member of a family shall, for the purpose of these rules, be deemed as the area under encroachment by the family.
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time expired, or by way of encroachment not considered objectionable such land if such occupation is before the 1st day of August, 1971 shall be assigned to him on registry. As per the first proviso to sub-rule (1), the total extent of land, if any, owned or held by him in proprietary right or with security of tenure is less than the limits laid down in sub-rule (1) of Rule 5 or the annual family income from sources other than the Government land held by him is below Rs.1,00,000. Sub-rule (1) of Rule 7, after its substitution vide G.O.(P) No.60/2017/RD dated 17.08.2017, published as SRO No.621/2017 in Kerala Gazette Ext. No. 2199 dated 10.10.2017, provides that the total extent of land, if any, owned or held by him in proprietary right or with security of tenure is less than the limits laid down in sub-rule (1) of Rule 5. As per the second proviso to sub-rule (1), in the case of any land set apart for assignment on registry to the members of Scheduled Caste/Scheduled Tribe and subsequently encroached upon by those persons who are landless and eligible for assignment of land under these Rules, such land may be assigned to such encroachers, only after setting apart equal extent of other suitable unoccupied area for the members of Scheduled Caste/Scheduled Tribe Community.
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As per sub-rule (2) of Rule 7, in the case of unoccupied lands, the
following order of preference shall be observed in granting registry:-
“(i) First Preference.- for persons who do not own or hold any land either in proprietary right or with security of tenure and whose annual family income does not exceed Rs.75000/-:
Provided that in assigning lands under this clause ten per cent of the area shall be assigned to Ex-servicemen and not less than twenty five per cent of the area shall be assigned to the members of the Scheduled Castes and Scheduled Tribes subject to availability of applicants.
Explanation:- For the purposes of this clause, a Kudikidappukaran or the holder of a Kudiyiruppu shall be deemed to be a person who does not own or hold any land; (ii) Second preference.- for persons who do not own or hold any land either in proprietary right or with security of tenure who are disabled while in active military service or who are dependents of those who are killed or disabled while in active military service;
(iii) Third Preference.- for small holders who have not been able to resume their lands due to expiry of the time for applying for resumption and whose annual family income does not exceed Rs.1,00,000/-.
Explanation:- For the purposes of this clause, "small holder" means a small holder as defined in the Kerala Land Reforms Act, 1963 (1 of 1964);
(iv) Fourth Preference.- for serving military personnel with
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an approved service of not less than three years and who are decorated for gallantry or their dependents who do not own or hold any land either in proprietary right or with security of tenure;
Provided that in the absence of applications from such military personnels as aforesaid, the applications of other serving Military personnel with an approved service of not less than 10 years, and who do not own or hold any land either in propriety right or with security of tenure shall be considered.
(v) Fifth Preference.- for persons whose annual family income does not exceed Rs.1,00,000/- and the total extent of the lands owned or held by them either in proprietary right or with security of tenure is less than the extent prescribed in these rules.”
granted to any family in occupation of Government land either under a lease, current or time expired or by way of encroachment, unless it surrenders to Government, without claiming any compensation, the land in excess of the extent proposed to be registered in its favour. If there is excess land, in its possession and if is not willing to surrender the excess land eviction will be resorted to.
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Division Bench of this Court held that, Rule 5 of the Kerala Land Assignment Rules provides for the maximum extent of land that could be assigned on registry for purposes of personal cultivation, house sites and beneficial enjoyment of adjoining registered holdings. As per clause (b) of sub-rule (1) of Rule 5, in the case of lands held on lease, whether current or time expired or by way of encroachment not considered objectionable, the lessee or the encroacher as the case may be will be eligible for assignment of not more than 50 cents of land, whether wet or dry, in the plains, and one acre of land, whether wet or dry in hilly tracts. Land, if any, held in excess of this area shall be surrendered to Government and no compensation shall be payable for the lands so surrendered. Clause (b) of Rule 5 was substituted by the amendment which came into force on 03.03.2005. Prior to amendment, clause (b) provided for assignment of larger extents, namely, not more than one acre in the plains and not more than one acre of wet land or three acres of dry land in hilly tracts, if there are no improvements in the land, and where there are improvements effected on the land by the occupant, not more than two acres in the plains and not more than two acres of wet land or four acres of dry land in hilly tracts. It is
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stated by the petitioner that the land in question is not in hilly tracts. Therefore, the maximum extent that could be assigned, before the amendment of the Rules in 2005, is one acre or two acres, depending on the question whether the petitioner has effected valuable improvements in the land. The amended Rules would apply to any assignment after the amendment, irrespective of the date of application and therefore, the maximum extent that could be assigned to the petitioner, if he is entitled to get assignment, is not more than fifty cents of land.
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registered holdings. The Rules contain provisions for extending priority to landless people, members of Scheduled Caste and Scheduled Tribes, Ex-servicemen, persons disabled in active military service, persons who are dependants of those who are killed or disabled while in active military service, small holders whose family income is less than Rs.10,000/-, certain category of kumkidars, etc. The procedure for assignment is also provided in the Rules. Provision is made for preparing the lists of lands to be reserved for Government or public purposes and the lands to be set apart for assignment on registry. The lists are to be approved by the Government or an authorized authority. The authority to approve the list of lands available for lease or license shall be District Collector. Various authorities are also provided to whom the applications under the different categories are to be submitted. The Act and Rules are not intended for enriching persons who hold extensive lands. Assignment on Registry of Government lands to such persons would defeat the very purpose of the Act and Rules. There is no vested right in any person to claim assignment on registry of Government land. The claim made by the petitioner originated and continued on encroachment. Such a person cannot
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have any legal right to claim that land. Provision for assignment of lands to encroachers is with a specific purpose. It is intended to protect such of the encroachers who are landless and downtrodden. They too have no vested right to get assignment on registry. The scheme of the Act and the Rules would unmistakably show it. Mighty people do not come anywhere near the benevolent protective umbrella of the Act and Rules. True, a person may desire to annex to his property the neighbouring lands, though it is Government land. Such a desire is not recognised or protected under the Act and Rules.
and others [2013 (3) KHC 790] a Division Bench of this Court held that, Rule 5 of the Kerala Land Assignment Rules prescribes the maximum limit of land to be assigned for cultivation. As per sub-rule (2) of Rule 5, when a family owns or holds any land over which it has proprietary right or has security of tenure, only the balance of extent of Government land necessary to make up the extent admissible under sub-rule (1) shall be granted to it on registry. As per clause (iii) of Explanation to Rule 5, for the purpose of calculating the extent of land that may be assigned to a family,
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the total extent of land possessed or held with proprietary right or fixity of tenure by the head of the family and also the members of the family both individually and collectively shall be taken into account. Assignment made in favour of a family under these rules shall, for the purpose of calculating the maximum extent that may be so assigned, include assignment made to members of the family both individually and collectively, the total extent so assigned not exceeding the maximum area that may be assigned to that family. The area under encroachment by a member of a family shall, for the purpose of these rules, be deemed as the area under encroachment by the family. Rule 5 prescribes the maximum limit of land that can be assigned for cultivation. As mentioned above, the appellant stakes the claim for two reasons, viz., personal cultivation and beneficial enjoyment of adjoining registered holdings. Rule 7 of the Land Assignment Rules mentions about the priority to be observed in the assignment. Going by the contentions raised by the appellant and also from the records produced, it is seen that the appellant's predecessor was owning 1.37 acres of land in the above survey numbers situated in Cheranallur Village.
2nd respondent in his counter affidavit specifically refuted appellant's
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claim for land assignment. It is the specific contention of the respondents that neither the appellant's father nor the appellant is entitled to claim assignment for the reason that the appellant's father was the registered holder of 13 ares of land in Sy.No. 533/8 and 42 ares in Sy.No. 550/10 of Cheranallur Village in Kanayannur Taluk. Hence, going by the provisions in Rule 5 of the Land Assignment Rules, it can be seen that the appellant's claim for assignment of land for cultivation is not legally sustainable.
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respectively, apart from the puramboke land assigned. Therefore, the action of the 1st respondent in rejecting the application made by the petitioner for assignment of 50 cents of puramboke land, by Ext.P9 order, is highly discriminatory and violative of Article 14 of the Constitution of India.
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(other than rivers passing through more areas, than the Panchayat area which the Government may, by notification in the Gazette, specify), the beds and banks of rivers, streams, irrigation and drainage channels, canals, lakes, back waters and water courses and all standing and flowing water, springs, reservoirs, tanks cisterns, fountains, wells, kappus, chals, stand pipes and other water works including those used by the public to such an extent as to give a prescriptive right to their use whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the Panchayat or otherwise, and also any adjacent land, not being private property appertaining thereto shall stand transferred to, and vest absolutely in the Village Panchayat. As per the proviso to sub-section (1), nothing contained in this sub-section shall apply to any work which is, or is connected with, a work or irrigation or to any adjacent land appertaining to any such work. As per sub-section (2) of Section 218, subject to the provisions of this Act, all rights and liabilities of the Government in relation to the water courses, springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, stand pipes and other water works vested in the Village Panchayat under
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sub-section (1) shall from the date of such vesting, be the rights and liabilities of the Village Panchayat.
26. In Thrissur Municipal Corporation v. M.A. Johny and others [2020 (1) KHC 395] a Division Bench of this Court noticed that, as per Section 82 of the Kerala Panchayats Act, 1960, certain
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properties belonging to the Government vested with the Panchayat; without conferring any right on the Panchayat to transfer the land to any third persons. The Kerala Panchayats Act, 1960 was replaced by the Kerala Panchayat Raj Act, 1994. By virtue of sub-section (6) of Section 166 of the Kerala Panchayat Raj Act, the Government was duty bound to transfer all institutions, schemes, buildings and other properties, assets and liabilities connected with the matters referred to in the third Schedule to the Village Panchayat and every institution so transferred shall be in the name of the said village Panchayat and shall be known accordingly. Sub-section (8) of Section 166 stipulates that the Village Panchayat shall not have any power to sell, transfer, alienate or pledge the properties transferred to it. Schedule 3 of Act, 1994 deals with functions of Village Panchayats and category 'A' deals with mandatory functions. Entry '2' thereto is in relation to protection of public lands against encroachment. Entry '14' deals with protection of roads and other public properties. Therefore, consequent to the introduction of the Kerala Panchayat Raj Act, there is a clear prohibition, against the Village Panchayats from selling, transferring, alienating, pledging, etc. of the properties transferred to it in accordance with sub-
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section (6) of Section 166 and sub-section (8) of Section 166 of the Act, 1994 .
27. In M.A. Johny the Division Bench noticed further that, in the year 1996, the Kerala Panchayat Raj (Removal of Encroachment and Imposition and Recovery of Penalty for Unauthorised Occupation) Rules, 1996 was formulated by virtue of the powers conferred under Section 254 of the Kerala Panchayat Raj Act, 1994. As per Rule 3, no person shall occupy any land belonging to or vested in a Panchayat without the permission of the Panchayat or not in accordance with the Act or the Rules made thereunder or except in accordance with the terms and conditions of the licence issued by the Panchayat. Sub-rule (2) of Rule 3 further stipulates that whoever occupies any land belonging to or vested in a Panchayat contrary to the provisions of sub-rule (1) shall be liable to be evicted from such unauthorised occupation and shall, in addition to the expenses thereof, be liable to pay to the Panchayat a fine not exceeding five hundred rupees as may be imposed by the Panchayat. Other stipulations are also provided under the Rules. Rule 4 deals with eviction of unauthorised occupants, which stipulates that the Panchayat shall have absolute authority to evict
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unauthorised occupants from the land belonging to or vested with the Panchayat, besides the procedure provided under sub-rules (2) to (6) of Rule 3. On such eviction if any building, crops or other products, raised on the land unauthorisedly, by the occupant that shall be forfeited to the Panchayat and the unauthorised occupant shall have no right over them. A procedure is also prescribed under the Rules for eviction of the unauthorised occupants. Thereafter, the Kerala Panchayat Raj (Acquisition and Disposal of Property) Rules, 2005 was introduced. Sub-rule (1) of Rule 8 stipulates that any property of the Panchayat not owned but vested in it may be granted on lease without violating the terms on which it was vested in it. Rule 12 clearly stipulates that the Panchayats shall not sell, transfer, alienate, create any encumbrance on, or otherwise dispose of, any property transferred to them by Government under subsection (6) of Section 166 or sub-section (5) of Section 172 or subsection (5) of Section 173 of the Act, 1994. Section 218 of the Act, 1994 which stipulates that notwithstanding anything contained in the Kerala Land Conservancy Act, 1957 or in any other law for the time being in force, all public water courses (other than river passing through more areas, than the Panchayat area which the
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Government may, by notification in the Gazette, specify), the beds and Banks of river streams, irrigation and drainage channels, canals, lakes, back waters and water courses and all standing and flowing water, springs, reservoirs, tanks, cisterns, fountains, wells, kappus, chals, stand pipes and other water works including those used by the public to such an extent as to give a prescriptive right to their use whether existing at the commencement of this Act or afterwards made, laid or erected and whether made, laid or erected at the cost of the Panchayat or otherwise, and also any adjacent land, not being private property appertaining thereto shall stand transferred to and vest absolutely in the Village Panchayat. In M.A. Johny , in the context of the provisions under the Kerala Panchayat Raj Act, 1994, the Kerala Municipality Act, 1994 and also the rules made thereunder, the Division Bench held that, in view of the prohibitions contained under the Kerala Panchayat Raj Act, 1994, the Kerala Municipality Act, 1994 and the Rules framed thereunder, the properties vested in the local bodies cannot be assigned, transferred, encumbered or alienated in any manner otherwise than permitted under law .
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in the Maniyoor Grama Panchayat, the same cannot be assigned under the provisions of the Kerala Land Assignment Act and the Rules made thereunder, in view of the statutory provisions referred to hereinbefore and also the law laid down in the decision referred to supra.
Forum v. State of Andhra Pradesh [(2006) 3 SCC 549] .
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cannot be assigned to the petitioner, in view of the law laid down by the Apex court in the decisions referred to supra.
In the result, this writ petition fails and the same is accordingly dismissed. No order as to costs.
Sd/-
ANIL K. NARENDRAN, JUDGE
AV
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APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | : | TRUE COPY OF ORDER NO.C 3.39346/86 DT.09.02.1987 BY THE DIRECTOR OF PANCHAYATHS |
|---|---|---|
| EXT.P2 | : | TRUE COPY OF ORDER NO.C 3 24662/86 DT.30.07.1987 BY THE DIRECTOR OF PANCHAYATHS |
| EXT.P3 | : | TRUE COPY OF DECISION OF MANIYOOR PANCHAYATH DT.20.03.1986 |
| EXT.P4 | : | TRUE COPY OF THE REPORT OF MANIYOOR PANCHAYATH FORWARDED TO DIRECTOR OF PANCHAYATHS DT.03.12.1987 |
| EXT.P5 | : | TRUE COPY OF COMMUNICATION DATED 15.01.1988 |
| EXT.P6 | : | TRUE COPY OF DECISION OF MANIYOOR PANCHAYATH DT.18.12.1990 |
| EXT.P7 | : | TRUE COPY OF JUDGMENT DATED 11.06.2012 IN WP(C)21214 OF 2007 |
| EXT.P8 | : | TRUE COPY OF REPORT OF DY.DIRECTOR OF PANCHAYATHS.KOZHIKODE DT.10.09.2012 |
| EXT.P9 | : | TRUE COPY OF ORDER NO.2864/2012 DT.12.10.2012 BY THE 1ST RESPONDENT |
RESPONDENTS' EXHIBITS : NIL
3 issues framed by the court
Whether interference is warranted with the order rejecting the petitioner's application for assignment of 50 cents of puzha puramboke land.
Whether land vested in a Grama Panchayat can be assigned under the Kerala Land Assignment Act and Rules.
Whether rejection of the application is discriminatory and violative of Article 14, given similar assignments to other Ex-Servicemen.
Colour shows how this judgement treated each authority
Varkey Abraham v. Secretary to Government, Revenue Department and othersRelied on¶17
Varkey Abraham v. Secretary to Government, Revenue Department and others [2007 (3) KHC 365]
Abdul Rahim C.A. v. District Collector, Ernakulam and othersRelied on¶19
Abdul Rahim C.A. v. District Collector, Ernakulam and others [2013 (3) KHC 790]
Kulwinder Pal Singh v. State of PunjabApplied¶22
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9 provisions across 5 enactments
V.K. Achuthan
State of Kerala
Secretary, Local Administration
Secretary, Department of Revenue
Deputy Director of Panchayath, Kozhikode
Maniyoor Grama Panchayath
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
