Assignment of Government land in Kannan Devan Hills, Vattavada and Keezhanthoor to eligible landless persons was challenged as contrary to statutory restrictions. The Court found no factual or legal basis for interference and dismissed the petition, leaving the assignment orders undisturbed.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.5728 OF 2009(S)
PETITIONER/S:
PUBLIC INTEREST PROTECTION ASSOCIATION REG.NO.1-7/84, MUNNAR, REPRESENTED BY ITS SECRETARY, V.MOHANKUMAR, ENGAN HOUSE, HRC ROAD,, MUNNAR, KERALA - 685 612.
BY ADV. SRI.P.RAMAKRISHNAN
RESPONDENT/S:
REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
B. SREEKUMARAN NAIR, (EXPIRED) ADVOCATE, S/O. G. BHASKARAN NAIR, AGED 60 YEARS, KUNJUVEEDU, NEMOM P.O., THIRUVANANTHAPURAM.
[ADDL.R5 IMPLEADED AS ADDL. R5 AS PER ORDER DATED 02/03/2009 IN IA.3088/2009.]
R1 TO R4 BY SRI. SURIN GEORGE IPE, GOVERNMENT PLEADER R1 BY ADV. SRI.B.JAYASURYA
R1-5 BY SRI.NAGARAJ NARAYANAN, SPL. G.P. FOR FOREST
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 6th day of January, 2021
S. MANIKUMAR, CJ
The petitioner, a social service organization registered under the Travancore-Cochin Literary, Scientific, Cultural and Charitable Societies Registration Act, 1955, has filed this writ petition as a Public Interest Litigation, challenging Exhibits-P5 Government order dated 20.11.2008 issued by the 1st respondent and Exhibit-P6 proceedings of the 3rd respondent dated 05.12.2008. As per Exhibit-P5 order, Government of Kerala have ordered assignment of an extent of 1664 acres of Government land in Kannan Devan Hills, Vattavada and Keezhanthoor, to eligible persons, including Adivasis, members of Scheduled Caste and Scheduled Tribe and plantation labourers. The District Collector, Idukki, respondent No.3, as per Exhibit-P6 proceedings, included the aforesaid lands in the approved list of assignable lands.
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the lands resumed by the State by evicting encroachers. Exhibit-P5 is purported to be issued for the purpose of assigning lands resumed by the Government by evicting encroachers to landless people.
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order, Land Board held that 70,522.12 acres of land would vest with the Government and that Kannan Devan Hills Produce Company would be entitled to possess 57,192,65.560 acres on the same terms and subject to the same condition to which they were holding the land, immediately before the appointed day. The Land Board also directed transfer of registry in Revenue records and regularization of transfer of 69,29.01 acres of estates; presumed that transfer of registry had been affected in respect of 15.61 acres and recommended grant of pattas in the case of 39 instances where 226-69-440 acres had been alienated by the Kannan Devan Hills Produce Company.
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applications for assignment of the lands in KDH Village. A provisional list of beneficiaries was also published. According to the petitioner, the names included in the list were mostly affluent persons and benamies of politicians. However, the first respondent conducted a pattayamela and handed over pattayams at a meeting presided over by the then Revenue Minister on 30.03.1999.
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“A. The Cabinet Sub Committee of the Government of Kerala constituted as per GO(MS) No..317/2008 dated 25.9.2008 decided in its meeting held on 09.10.2008 to assign 1664 acres of government land to the eligible landless people in KDH village, Vattavada village, and Keezhanthoor Village. Accordingly a Government Order G.O(MS) No.394/2008/Revenue dated 20.11.2008 was issued. Consequently the District Collector approved a list of assignable land by order dated 5.12.2008. The above Writ Petition is filed challenging the aforesaid orders which are produced as Exts.P5 and P6. It is further prayed in the Writ Petition that the representation Exts.P13, P16 and P17 may be directed to be disposed of.
B. The petitioner in the Writ Petition attacks Exts.P5 and P6 mainly on the ground that the said orders are passed in violation of the Kannan Devan Hills (Resumption of Lands) Act, 1971 hereinafter referred to as the Act 5 of 1971 and the Rules framed thereunder. It is submitted that the lands on which assignment proceedings have been initiated do not come under the preview of the Act 5 of 1971. That the land on which assignment proceedings have been initiated are the lands coming under Clause 'd' of sub section 2 of section 3, that the same were not resumed under the Act and were with the Government even prior to 1971.
C. On the basis of Ext.P5 Government Order dated 20.11.2008, applications for the purpose of assignment were invited. A notice numbered as B3 15517/2008 dated
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25.11.2008 was issued by the Tahsildar, Devikulam calling for claims and objections if any in this regard. A press release dated 29.11.2008 was issued and the same was published in Malayala Manorama, Deshabhimani and Mathrubhumi dailies on 1.12.2008. A total number of 27,040 applications were received for assignment of land.
D. The last date for receipt of application was fixed as 31.12.08. The criteria for assignment was fixed as per Rule 7 of the Land Assignment (Amendment) Rules 2009. The applications were scrutinised from 01.01.09 to 27.01.09 by a team consisting of Deputy Collector, Tahsildars, Deputy Tahsildars, Revenue Inspectors, Village Officers and clerical staff. More than 150 officials were deputed for the said purpose. Officers were deployed to all villages for field verification. Out of the 27040 applications received, 17133 applications were found to be eligible and the same was submitted before the Assignment Committee consisting of M.P, M.L.A, Representatives of political parties who have representation in the Legislative Assembly, representatives of SC/ST and Presidents of Panchayats on 21.02.09 for scrutiny and approval. Considering the volume of eligible applications it was decided by the Assignment Committee to draw lots for selection to distribute land. As the first phase of the programme it was decided to distribute lands available in KDH village to natives of KDH village. The first preference will be given to local people and then to Devikulam Taluk followed by Idukki and rest of Kerala. Accordingly 1044 assignment orders were issued for assignment in the KDH villages. The entire procedure for assignment was transparent and strictly in accordance with Kerala Land Assignment Rules.
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E. The 3rd respondent was not aware of the claim made by the petitioner in Paragraph 1 of the Writ Petition. It is submitted that in pursuance to Section 6 of the Act 5 of 1971 the District Collector arranged for the survey and demarcation of the areas as required specifying the extent, identity and such other particulars and the survey work was completed. Notifications were published in the Kerala gazette dated 15.02.77 and 21.06.77 to the said effect. Averments to the contrary in paragraph 8 of the Writ Petition are denied. Section 9 of Act 5 of 1971 has absolutely no relevance in the instant case. The allegations made by the petitioner that no effective steps were taken by the respondents for promotion of agriculture and for the welfare of the agriculture population are denied. Averments in Paragraph 10 of the Writ Petition are not correct. Rules framed under Kerala Land Assignment (Regularization of Occupants of Forest Land prior to 01.01.77) Special Rules 1993 is applicable to Chinnakanal Village also.
F. It is humbly submitted that with respect to the lands mentioned in Exhibit-P4, there are litigations pending and hence, those lands were excluded for the purpose of assignment for the present. The lands coming under Survey Numbers 912, 339/8, 1264, 1265, 622, 20/1 and 155/1 of KDH village will not come under the Act 5 of 1971 and the same were under the Government prior to 1971. Hence, the averments in paragraph 10 of the Writ Petition have no relevance. The averments in paragraph 16 of the Writ Petition are incorrect and hence denied. The averments that 288.42 acres at Kuttiyar house site is with the Forest Department and is utilized by M/s. Hindustan News Print
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Ltd. is not true to facts. The Company has put a claim over 53.94 Ha of land and filed a Writ Petition W.P.(C) No.35811/08 before this Court and this Court constituted a High Power Committee to resolve the issue within a period of 4 months. It was also clarified that the State can proceed with the assignment proceedings except actual assignment of land. It is submitted that the said land is excluded from assignment proceedings for the present. The assignments at Kacherimedu and Kacheri settlements are under the Kerala Land Assignment Rules. Hence, it is valid.
G. The lands involved in subject dispute were excluded from the assignment. The said lands are fertile and resumed from the encroachers. Applications have been invited, as narrated in paragraph 4 above, and strictly as per the procedure laid down under the Kerala Land Assignment Rules, 1964. The representation, mentioned in paragraph 26, was received subsequent to the filing of the Writ Petition. However, the averment that the assignment proceedings would cause damage to the ecosystem is misplaced and was raised only to sabotage the land distribution. It is submitted that 1044 assignment orders were issued on 23.02.2009 and all the proceedings initiated by the authorities and Exhibit P5 and P6 orders are strictly in accordance with law and legally sustainable.
H. The survey as contemplated under Section 6 of Act 5 of 1971 was conducted and notification to that effect was published in the Kerala Gazette dated 15.02.77 and 21.06.77. With regard to the land which was resumed and covered under Exhibit P4, litigations are pending. Hence, the same is excluded from assignment. The Government
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order itself provides for distribution of land also to landless labourers and plantation workers, who are otherwise eligible for assignment. As per Kerala Land Assignment Act land can be assigned only to the natives of Kerala. There are plenty of workers who are 2nd or 3rd generation of Tamil Origin settled in Kerala.
I. Proper enquiry has been conducted by the Tahsildar on eligibility, out of 11354 applicants in Devikulam Taluk, around 9810 have been found eligible. Specific complaints, if any, can be enquired and appropriate action can be taken to delete the names of such beneficiaries. In KDH village, first preference was given to the local people and then to Devikulam Taluk, applicants followed Idukki and the rest of Kerala. The District Collector, Idukki included the lands covered by Exhibit-P5 order in the approved list of assignable lands, as per proceedings No.C2-51686/08 dated 5.12.08. The procedures envisaged under Rules 11 and 12 were strictly complied with.
“9. Assignment of lands. —(1) The Government shall, after reserving such extent of the lands, the possession of which
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has vested in the Government under sub-section (1) of section 3 (other than lands, the possession of which has been restored under section 4), as may be necessary for purposes directed towards the promotion of agriculture of the welfare of the agricultural population to be settled on such lands, assign on registry the remaining lands to agriculturists and agricultural labourers in such manner, on such terms and subject to such conditions and restrictions, as may be prescribed.
(2) The Government may, by notification in the Gazette, delegate their power of assignment under sub-section (1) to the Collector, subject to such restrictions and control as may be specified in the notification.”
Order dated 25.02.2009, reads thus:
“It is submitted by the learned Government Pleader that Government Order was published inviting applications and notice was published in Mathrubhumi and Malayala Manorama
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on 29.11.2008 as per the Government Order dated 20.11.2008 and only 1044 land assignment orders were issued, that too regarding 88 acres of land in Kannan Devan Hills Village and they are unoccupied land which would come under the Kannan Devan Hills (Resumption of lands) Act. It is also submitted that preference will be given to the local people and more than 19,000 applications are received from Devikulam Taluk, apart from the thousands of applications received from Udumbanchola, Peerumedu, Thodupuzha etc. The total applications received was 27,014. The last date for receiving applications was 31.12.2008 and about 26 days were there for verification of applications. It is the contention of the petitioner that the land ordered to be assigned were not assignable. It is further contended that earlier pattas were cancelled as the orders were issued by the Tahsildar and not by the District Collector. Here, the assignment orders were also signed by the Tahsildar. It is submitted by the Government Pleader that pattas will be issued only after paying the fees. In these circumstances, we direct the respondents to file a detailed counter affidavit before further issuing assignment orders as well as pattas. It is submitted that a counter affidavit will be filed within three days.
Post on 2.3.2009.”
Court has passed the following order:
“This writ petition is filed alleging that assignment of land is taking place in violation of Kannan Devan Hills (Resumption of Lands) Act, 1971 (for short the Act). There are further allegations that no proper notice was given
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and assignments are made on the basis of favouritism without conducting any due enquiry. It is stated in the counter affidavit that the lands covered under the Act are not distributed at present. It is further stated that all disputed lands are excluded, that only undisputed lands are given strictly in accordance with the Land Assignment Rules and that no forest land is given. It is further submitted that press releases were published in all the leading newspapers that 27,040 applications were received. Those applications were verified and only 17,133 applications were found eligible and assignments were made only in respect of 1,044 applications and assignments were given only to local residents.
I.A.No.3088 of 2009 for impleading is allowed.
Petitioner to file reply. The entire assignments in
the village are covered by the Act. This matter has to be argued in detail, but, we make it clear that any assignment made is provisional and subject to strict supervision by the District Collector. The respondents
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should also file a detailed affidavit justifying the allotments made. Respondent No.4 shall verify and report whether any forest lands are involved in the allotment.”
A. Referring to Section 3(1), 3(2) and Section 9 of the Kannan Devan Hills (Resumption of Lands) Act, 1971, which came into force on 21.01.1971, the 3rd respondent contended that in the lights of the above provisions, the the lands resumed under Section 3(1) of the KDH (RL) Act, can only be assigned under Section 9 of the Act. However, the lands assigned in the present case are not the lands resumed under KDH (RL) Act, 1971. Moreover, vide letter No. 62613/R3/08 RD dated 04.12.2008 addressed to the Additional Commissioner of Land Revenue, Government have clarified that the lands exempted under Section 3(2)(d) do not come under the purview of the KDH (RL) Act, 1971, and hence, assignment of these lands can be made as per Kerala Land Assignment Act, 1960.
B. Government of Kerala vide G.O. No.394/08/Rev. dated 20/11/2008 have ordered for assignment of an extent of 1664 acres of Government land in Kannan Devan Hills (hereinafter "KDH"), Keezhantoor and Vattavada Villages of Devikulam Taluk, to eligible persons, including Adivasis, members of Scheduled Caste and Scheduled Tribes, and plantation labourers, as detailed below:
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| Sl. No. |
Village | Sy. No. | Total Extent |
Extent assigne |
to be d |
|---|---|---|---|---|---|
| 1. | KDH | 912 (Anthoniyar colony) |
5 Acres | 4 cents | each |
| 2. | KDH | 339/3, 1264, 1265, 622 (Kuttiyar House site) |
283.42 Acres |
10 each |
cents |
| 3. | KDH | 20/1 20/1 155/2 |
11 Acres 13.85 Acres 01.15 Acres |
4 cents 4 cents 4 cents |
each each each |
| 4. | Vattavada | Block No.62 Sy. No. 183/1 |
350 Acres | 50 each |
cents |
| 5. | Keezhantoor | Block No. 50 Sy. No.4/1 |
1000 Acres | 50 each |
cents |
| T | otal | 1664.42 Acres |
The 3rd respondent has included the said lands in the approved list of assignable lands as per proceedings No.C251686/2008 dated 05.12.2008.
C. The subject lands comprised in Kannan Devan Hills village (KDH village), come under the category of lands mentioned in Section 3(2)(d) of the KDH (RL) Act. As such, those lands are assignable under the Kerala Land Assignment Act and Rules and do not come under the KDH (RL) Act for assignment.
D. In the light of Government order dated 20.11.2008, a notice No.B3 15517/08 dated 24.11.2008 was published by the Tasildar, Devikulam, inviting applications from the eligible persons. The duration of submission of application was 01.12.2008 to 31.12.2008, and the contents of the notice were published in all the major dailies, including Malayala Manorama and Mathrubhumi. Meanwhile, Sri. Duraipandi S/o. Muthupandi and Sri. Manoj V. Nair filed writ petitions before the assigning authority Tahsildar, Devikulam, alleging that the lands proposed to be assigned in Sy. Nos.20/1 and 155/1, 2 were under their
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possession and enjoyment.
E. Both the petitioners were heard. It was found that all the documents produced by the 1st amongst the said petitioners were bogus and that the said person had no title, possession or interest over the lands claimed and therefore his claim was disposed of as above. The 2nd amongst the said petitioners did not produce any documents in support of his claim. Instead, at this stage, Mr. Manoj V. Nair has filed WP(C) No. 36469/2008 before this Court wherein by order dated 11.12.2008, a learned Single Judge has granted interim stay and referred the matter to the Ombudsman (Travancore-Cochin Devaswom Board). Accordingly, the land claimed by the petitioner was excluded from assignment i.e, 11 acres comprised in Sy. No.20/1 of KDH Village.
F. In respect of the lands comprised in Kuttiar House Sites Area in KDH Village, Hindustan Newsprint Ltd. filed WP(C) No.35811/08 before this Court alleging that the 283.42 acres ordered to be assigned include 53.94 Ha. under their possession. In that case, this Court has constituted a High Power committee to resolve the issue within a period of 4 months. However, it was also clarified that the State can proceed with the assignment proceedings except implementation of final orders. Accordingly, statutory notice under Rule 12(1) of KLA Rules, 1964 was published on 16.01.2009 in the concerned Village Offices, Grama Panchayats and the Taluk Office, Devikulam. The total number of applications received for assignment of land was 27040.The Taluk-wise breakup of the above figure is given below:
| 1 | Devikulam | 19720 |
|---|---|---|
| 2 | Udumbanchola | 855 |
| 3 | Peermade | 643 |
| 4 | Thodupuzha | 1822 |
| Total | 27040 |
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G. The applications received in the Taluks other than Devikulam were verified by the Tahsildars concerned with recommendation by the respective Land assignment committees and forwarded to the Tahsildar, Devikulam for further action. About 150 officials were deputed to the Devikulam Taluk from the other offices of the various districts of the state for the verification of the applications. The officials were deployed to all the villages of Devikulam Taluk for field verification. The verification of applications in Devikulam Taluk started on 01.01.2009 and was completed on 27.01.2009.
H. Out of the 27040 applications received, 17133 applications were found to be eligible for assignment of land. The list of applications found eligible was submitted before the Assignment Committee on 21.02.2009 for scrutiny and approval. Considering the volume of eligible applications, it was decided to distribute the land available for assignment in the 1st phase to the applicants from KDH Village. Accordingly, in the Land Assignment Committee meeting, it was decided to select the allottees from the 9810 eligible applicants in KDH Village, by draw of lots. The total number of plots fit for assignment in KDH Village was 1044. Survey number wise break up of plots in the KDH Village found fit for assignment is given below.
| Sy. No. | No. of Plots |
Extent assigned |
Total Extent | |
|---|---|---|---|---|
| 1 | 912 of KDH Village (Anthoniyar Colony) |
97 plots | 4 cents each |
3.88 Acres (1.5708 Ha) |
| 2 | 339/3, 1264, 1265 622 of KDH Village (Kuttiyar House site) |
770 plots | 10 cents each |
77.00 Acres (31.1740 Ha) |
| 3 | 20/1 155/2 of KDH Village (Katchery Medu) |
177 plots | 4 cents each |
7.08 Acres (2.8663 Ha) |
| Total | 1044 plots | 87.96 Acres |
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(35.6113 Ha)
I. It was further stated that 1044 eligible applicants were selected by draw of lots by the Assignment Committee on 21.02.2009. On 22.02.2009, assignment orders were issued to the above 1044 allottees in the 1st phase of the assignment proceedings initiated in the Devikulam Taluk as per the Government order dated 20.11.2008 for an extent of total 87.96 Acres (35.1613 Ha.). Regarding 350 Acres in Vattavada Village, the non-forest lands in Vattavada Village falls under the territorial Jurisdiction of the Marayoor Forest Division and all the forest lands surrounding the patta and revenue lands are under the jurisdiction of Munnar Wildlife Division. So far no land coming under the territorial jurisdiction of Marayoor Forest Division under the Vattavada village has been notified as ecologically fragile land. The Writ Petition does not specify the survey numbers of Ecologically Fragile Land alleged by them. Therefore, whether a land is ecologically fragile or not cannot be concluded without physically inspecting the land based on Sy No. There are patta lands and revenue lands in Vattavada village. The physical status of the land can be ascertained only after verification of each survey number in the above land.
J. Regarding Survey No. 4/1 in Block No. 50 of Keezhanthoor Village, under Devikulam Taluk is having an extent of 4336.70 Ha. (10710 acres). It was mentioned as Revenue Puramboke in the Revenue records. But, portions of Vannanthura Sandal Reserve and Chinnar Wildlife Sanctuary are included in this Survey number. Balance areas are under the control of the Revenue Department. An extent of 306 Acres falling in Revenue land in Keezhanthoor Village was assigned to 657 families (50 cents each to 567 families involved in Chengara struggle and 25 cents each. to other 90 families). According to the Tahsildar,
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Devikulam only one family has occupied the land assigned. It is understood that some pattas were also issued during 1982 period and extent assigned is being ascertained. The Revenue Department has to take action to cancel the pattas issued to 567 families as the assigned lands are not occupied yet.
K. It is submitted by the Divisional Forest officer, Marayoor that a good portion of the land under Revenue Department is grass land and that some area is under encroachment as also the encroached Revenue lands are planted with eucalyptus. The allegation that there are wattle plantations in this area is not true. There are eucalyptus plantations raised in the encroached lands. For details of assignment and as to proceedings of cancellation, the Tahsildar, Devikulam has sought for three more weeks' time. Further, the Wildlife Warden, Munnar would submit that no land is assigned in Kottakamboor village so far and that pattas were issued for 29 persons in Keezhanthoor Village and 339 persons in Vattavada Village, in relation to "Bhoorahitharillatha Keralam Project". Details of 29 persons for whom pattas were given in Kizhanthoor Village and 363 persons, for whom, pattas were given in Vattavada Village are produced as Exhibits-R3(a) and R3(b). Further, no land is assigned in block number 58 in Kottakamboor Village and block number 62 in Vattavada Village, which are notified as Kurinjimala Sanctuary under Munnar Wildlife Division.
L. There is an established Elephant Corridor in Block number 58 in Kottakamboor Village which is part of Kurinjimala Sanctuary notified area coming under Munnar Wildlife Division. According to the Tahsildar, Devikulam, 5006.94 ha. (12,372.15 acres) was of land was resumed from encroachers as per Mission Munnar Project and it includes encroached lands in KDH, Munnar,
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Anaviratty and Pallivasal Villages and also areas in Parvathy Mala(Seven Hills) and the lands resumed have been assigned under 'zero landless project''
M. With regard to averments in paragraphs 1 to 5 of the Writ petition, it is submitted that by lease agreement dated 11.07.1877 (known as 1st Concession), the then Poonjar Chief granted permission to Mr. John Daniel Munroe, to convert the lands comprised in the entire Revenue Village of Kannan Devan Hills in Devikulam Taluk into Coffee cultivation. In 1878, the Maharaja of Travancore ratified the lease (Deed of Ratification) and the right, title and interest of the lessor was asserted by the former Government of Travancore. There was also the issue of a second concession executed by the Poonjar Chief in favour of Mr. John Daniel Munroe, which was not seen ratified by the Maharaja of Travancore. The right, title and interest of Government of Travancore over the aforesaid land and other lands subsequently vested in the Government of Kerala, as the successor in interest of the former Government of Travancore. A large extent of Government Land in that Village had not been converted into plantation or utilized for the purpose of plantations and such land were found to be not required for the existing plantation and the Government decided to enact the K.D.H (RL) Act, 1971.
N. Regarding the averments in paragraphs 6, 7, 8 and 9 of the writ petition, it is submitted that the total extent of lands resumed from Kannan Devan Hills Produce Private Limited and vested in the Government in the KDH Village consequent on the enactment of the KDH (RL) Act is 70522.12 acres (28539.29 Ha.) as per Land Board Award No. L.B.A2-5227/71 dated 29.03.1974. In pursuance of Section 6 of the KDH (RL) Act, the District Collector has arranged for survey and demarcation of the areas,
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as required specifying the extent, identity and such other particulars, and the survey work was completed and the notifications were published in the Kerala Gazette dated 15.02.1977 and 21.06.1977. Accordingly, an extent of 58741.82 acres of land was handed over to M/s. Tata Finlay Ltd., the successor in interest of Kannan Devan Hills Produce Private Limited, as per Proceedings No. B1- 6642/77 dated 12.06.1978 of the Tahsildar, Devikulam.
O. It is further stated that an expert committee was constituted vide G.O.(Rt) No.3611/03/RD dated 17.11.2003 for the purpose of unearthing bogus pattayams in KDH Village. The committee submitted a report to the Government on 01/09/2006. Government have approved the said report and issued G.O.(Rt.) No. 754/07/RD dated 17.02.07. Steps were taken to implement the instructions contained in G.O.(Rt.) No.754/07/Rev. dated 17.02.2007 and Task forces were formed to unearth bogus pattayams and for the removal of encroachments, as a result of which, several pattayams were cancelled and the process is still in progress. Various challenges for the cancellation of pattayams are pending consideration before this Court.
P. Regarding the averments in paragraphs 14 and 15 of the writ petition, it was stated by the 3rd respondent that the Government order dated 20/11/2008 includes the land retrieved from the encroachers in Vattavada and Keezhantoor Villages. Hence, there is no legal infirmity in the said order, as alleged. The lands on which assignment proceedings have been initiated do not come within the purview of KDH (RL) Act, 1971. Hence, the allegations to that effect are baseless.
Q. It was further stated that out of 283.42 acres assigned in Kuttiar House site area, Hindustan Newsprint Ltd. has put a
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claim over 53.94 Ha. of land. The said Company filed WP(C) No. 3581 of 2008 alleging that the 283.42 acres ordered to be assigned include 53.94 Ha. under their possession. The Writ Petition was disposed of vide judgment dated 19.12.2008, wherein it was directed to constituted a High Power Committee to resolve the issue within a period of four months. It was also clarified in the said order that the State can proceed with the assignment proceedings except implementation of final orders.
R. With respect to ground 'G', the 3rd respondent has finally stated that about 150 officials were deputed to the Devikulam Taluk from other offices for verification of the applications. The above officials were deployed to all the villages of Devikulam Taluk for field enquiry and property enquiry has been conducted by those teams. The 3rd respondent has included the lands covered by Exhibit-P5 in the approved list of assignable lands as per proceedings No.C2-51686/2008 dated 05.12.2008 and all the legal formalities have been completed before land assignment.
learned counsel for the petitioner, laid stress only on paragraph (15) of the supporting affidavit. However, on evaluation of the entire aspects, we are satisfied that the allegations and imputations made in the writ petition have no factual or legal basis. Moreover, this Court, as per the interim order dated 02.03.2009, has permitted the Revenue to issue pattayams, subject to strict scrutiny. The affidavit filed by the 3rd respondent on 11.03.2020, as extracted above, shows that pattayams have been issued, after taking necessary precautions under law, and that
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the properties utilised for the purpose had no other legal infirmities from being assigned.
In that view of the matter, we do not find any ground to interfere
with the impugned orders. Accordingly, this writ petition is dismissed.
S. MANIKUMAR, CHIEF JUSTICE
SHAJI P. CHALY, JUDGE
Rvxxx
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: TRUE COPY OF DEED OF RATIFICATION DATED 28.11.1878.
EXT.P2: TRUE COPY OF AGREEMENT DATED 02.08.1986.
EXT.P3: TRUE COPY OF PROCLAMATION DATED 24.09.1899.
EXT.P4: INFORMATION RECEIVED BY THE PETITIONER AS PER A LETTER DATED 04.11.2008.
EXT.P5: GO DATED 20.11.2008 ISSUED BY THE 1ST RESPONDENT.
EXT.P6: TRUE COPY OF PROCEEDINGS DATED 05.12.2008 OF THE 3RD RESPONDENT.
EXT.P7: COMMUNICATION RECEIVED BY THE PETITIONER FROM THE 4TH RESPONDENT.
EXT.P8: TRUE COPY OF COMMUNICATION DATED 28.03.2008 ON THE ABOVE LINES ISSUED BY THE SECRETARIAT OF KERALA.
EXT.P9: TRUE COPY OF ORDER DATED 03.04.1959 ISSUED BY THE FIRST RESPONDENT.
EXT.P10: TRUE COPY OF ORDER DATED 16.11.1983.
EXT.P11: TRUE COPY OF REPORT OF 3RD RESPONDENT.
EXT.P12: TRUE COPY OF ORDER DATED 11.12.2008 IN W.P.(C) NO. 36469/08.
EXT.P13: TRUE COPY OF REPRESENTATION DATED 15.10.2008 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT.
EXT.P14: TRUE COPY OF NEWS PAPER REPORTED DATED 24.01.09 PUBLISHED IN MALAYALA MANORAMA.
EXT.P15: NEWS PAPER REPORTED DATED 31.01.2009 PUBLISHED IN MATHRUBHOOMI.
EXT.P16: TRUE COPY OF REPRESENTATIONS DATED 29.01.2009.
EXT.P17: TRUE COPY OF REPRESENTATION DATED 14.02.2009.
EXT.P18: TRUE COPY OF NEWS PAPER REPORT DATED 11.02.2009 PUBLISHED IN MALAYALA MANORAMA.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(a) TRUE COPY OF THE DETAILS OF 29 PERSONS FOR WHOM PATTAS WERE GIVEN IN KIZHANTHOOR VILLAGE.
EXHIBIT R3(b) TRUE COPY OF THE DETAILS OF 363 PERSONS, FOR WHOM PATTAS WERE GIVEN IN VATTAVADA VILLAGE.
/True Copy/
P.S To Judge.
rv
1 issue framed by the court
Were the challenged orders assigning Government land to eligible landless persons contrary to the Kannan Devan Hills (Resumption of Lands) Act, 1971 or otherwise legally infirm?
Colour shows how this judgement treated each authority
Kannan Devan Hills Produce Co. Ltd. v. State of KeralaReferred¶33
[1972 KLT 377]
3 provisions across 2 enactments
PUBLIC INTEREST PROTECTION ASSOCIATION REG.NO.1-7/84
STATE OF KERALA
THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE
THE DISTRICT COLLECTOR, IDUKKI
THE DIVISIONAL FOREST OFFICER MUNNAR DIVISION, DEVIKULAM
B. SREEKUMARAN NAIR
S. MANIKUMAR
SHAJI P. CHALY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
