Mathew Mathew vs The District Collector
2021 Latest Caselaw 13511 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                  WP(C) NO. 26760 OF 2019
PETITIONER/S:

    1    MATHEW MATHEW,
         AGED 62 YEARS
         S/O MATHEW DEVASYA, ARAKKAPARAMBIL VEEDU,
         ANAKKULAM P.O.MANKULAM, IDUKKI DISTRICT, PIN-685
         565.

    2    P.A.ANTONY,
         AGED 60 YEARS
         S/O ANTHAPPAN, PADAPPURAKKAL VEEDU, MANNANKALA,
         ADIMALI P.O.IDUKKI DISTRICT, PIN-685 561.

         BY ADVS.
         K.P.SUDHEER
         SMT.C.K.SHERIN



RESPONDENT/S:

    1    THE DISTRICT COLLECTOR
         IDUKKI, PAINAVU P.O. IDUKKI DISTRICT, PIN-685 603.

    2    TAHASILDAR (LT),
         DEVIKULAM TALUK OFFICE, DEVIKULAM CIRCULAR ROAD,
         DEVIKULAM, IDUKKI DISTRICT, PIN-685 613.

    3    VILLAGE OFFICER,
         MANKULAM VILLAGE, MANKULAM P.O.IDUKKI DISTRICT,
         PIN-685 565.

    4    DISTRICT FOREST OFFICER,
         MANKULAM SPECIAL DIVISION, KALLAR-MANKULAM ROAD,
         VIRIPARA, MANKULAM P.O.IDUKKI DISTRICT, PIN-685
         565.
 Case No. WP(C) NO. 26760 OF 2019




                                    -2-

        5         RANGE OFFICER,
                  ANAKKULAM RANGE, ANAKKULAM P.O.675 565, IDUKKI
                  DISTRICT.

        6         ADDL.R6.THE SUB COLLECTOR,
                  DEVIKULAM.

                  ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
                  30.01.2020 IN W.P.(C) 26760/2019.

                  BY ADVS.
                  SRI.RANJITH THAMPAN,ADDL.ADVOCATE GENER
                  GOVERNMENT PLEADER



OTHER PRESENT:

                 SRI.PRADEEP.C.P., SR.GP



THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No. WP(C) NO. 26760 OF 2019




                                       -3-


                            P V KUNHIKRISHNAN, J.

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                       W.P.(C) No.26760 of 2019
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                  Dated this the 1st day of July, 2021

                                   JUDGMENT

The petitioners are landless agricultural labourers and assignees of Plot Nos.314/99 and 290/99 of Mankulam village in Devikulam Taluk. By Exts.P1 and P2, the petitioners were informed that they were allotted with the aforementioned plots. Exts.P3 and P4 are the orders of assignment of registry issued by the 1st respondent. In terms of the conditions in Exts.P3 and P4 and in terms of Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977, the petitioners have to remit the land value, survey charges, demarcation charges and value of trees before the 2nd respondent. Since the 2nd respondent is not issuing the chalan for paying the amount, the petitioners could not remit the charges and hence the pattas are not Case No. WP(C) NO. 26760 OF 2019

issued to them. According to the petitioners, Exts.P5 and P6 are pending consideration before the 2 nd respondent and no orders are passed. In the said circumstances, this Writ Petition is filed with the following prayers:-

(a) issue a writ of mandamus or other appropriate writ, order or direction commanding the 2nd respondent to consider and pass orders on Exts.P5 and P6 and permit the petitioners to remit the land value, survey charges and demarcation charges immediately.

(b) Direct the 1st respondent to issue patta to the petitioners in respect of properties covered by Exts.P1 to P4 immediately on receipt of payment by the petitioners.

(c) Direct respondents 4 and 5 to assess the seigniorage rates of trees standing in Plot Nos.

lot Nos.314/99 and 290/99 of Mankulam village covered by Exts.P3 and P4 and permit the petitioners to remit the rates assessed by Case No. WP(C) NO. 26760 OF 2019

respondents 4 and 5.

(d) issue such other writ, order or direction as this Hon'ble court may deem fit and proper in the facts and circumstances of the case.

2. When this Writ Petition came up for consideration on 30.1.2020, this Court considered the statement filed by the 1st respondent District Collector, Devikulam and thereafter, passed an order, which is extracted hereunder:-

'The Sub Collector, Devikulam is suo motu impleaded as additional 6th respondent.

2. The petitioner claims assignment under the KDH Act. Though assignment order was issued, patta was not issued for the reason that there was no survey and demarcation of the assigned land. The additionally impleaded respondent was the Settlement Officer. He has to decide all the claims related to assignment in the Case No. WP(C) NO. 26760 OF 2019

KDH land. The reason for the delay is that it has to find out whether the assigned land includes in the forest notification or not.

In such circumstances, the Settlement Officer shall state before this Court within what time the entire exercise of identification of the revenue land can be completed.

Post on 27.2.2020."

3. Based on order dated 30.1.2020, a statement was filed by the Sub Collector, Devikulam who is the Settlement Officer. The relevant portion of the statement is extracted hereunder:-

"8. In view of the above facts, at this point it is difficult to mention the exact date in which the final notification related to the Mankulam Forest Settlement can be issued. However, Mankulam Forest Settlement issue can be settled in approximately one year provided that there are no appeals filed by the claimants pending in the Court Case No. WP(C) NO. 26760 OF 2019

and a dedicated survey team with sufficient equipment and sufficient Revenue Staff for the field verification is available.

9. It is also brought to the kind attention that, the petitioner has sought for assignment of land under KDH Act and it is seen that, District Collector is the competent authority to assign patta in KDH village as per the Kannan Devan Hills (Reservation and Assignment of vested lands) Rules 1977. In this case all procedures prior to the land assignment had already been completed even before the publication of the notifications for Mankulam Forest Settlement.

The assignment order under section 13 of the said Act and the letter of the District Collector informing the petitioners that those plots have been allotted to them under the purview of this section 12 of the Act were issued before the notification No.GO(P) 25/2007/F&WLD dated 16.5.2007 and hence the decision in this case can be taken even before the final notification of the Mankulam Forest Settlement, provided that, if the petitioners are Case No. WP(C) NO. 26760 OF 2019

genuine applicants.

In the said circumstances, it is humbly prayed that this Honourable Court may be pleased to accept the above statement and dismiss the above writ petition."

4. Heard the learned counsel for the petitioners and the learned Government Pleader.

5. The learned counsel for the petitioners submitted that the petitioners are landless agricultural labourers. Eventhough they are ready to pay the land value, survey charges and demarcation charges, the respondents are not taking any steps. The learned counsel submitted that the allotment as per Exts.P1 and P2 was on 21.12.1999. Even now the petitioners are behind the respondents for getting the patta after paying the amount as per the Rules.

6. The learned Government Pleader submitted that the respondents will take every steps to complete the proceedings mentioned in the statement. The learned Case No. WP(C) NO. 26760 OF 2019

Government Pleader submitted that one year time is necessary. Considering the facts and circumstances of the case and also considering the fact that Exts.P1 and P2 are issued in December 1999, I think, six months time can be granted to complete the proceedings.

Therefore, this Writ Petition is disposed of directing the additional 6th respondent to complete the proceedings of demarcation and identification of the revenue land, as far as the properties covered in Exts.P1 and P2 within a period of six months. Immediately thereafter, the petitioners should be allowed to pay the land value, survey charges, demarcation charges and value of the trees based on Exts.P5 and P6 and the patta also should be issued forthwith.

sd P V KUNHIKRISHNAN, JUDGE.

dl/ Case No. WP(C) NO. 26760 OF 2019

APPENDIX OF WP(C) 26760/2019

PETITIONER ANNEXURE

EXHIBIT P1 TRUE COPY OF LETTER NO 28034/96/C4 DATED 21.12.1999 ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER

EXHIBIT P2 TRUE COPY LETTER NO 28034/96/C4 DATED 21.12.1999 BY THE 1ST RESPONDENT TO THE 2ND PETITIONER

EXHIBIT P3 TRUE COPY OF ORDER OF ASSIGNMENT OF REGISTRY ISSUED BY THE 1ST RESPONDENT TO THE 1ST PETITIONER AND DATED 13.5.2000

EXHIBIT P4 TRUE COPY OF ORDER OF ASSIGNMENT OF REGISTRY ISSUED BY THE 1ST RESPONDENT TO THE 2ND PETITIONER IN APRIL 2000

EXHIBIT P5 TRUE COPY OF REQUEST DATED 27.6.2019 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT

EXHIBIT P6 TRUE COPY OF REQUEST DATED 19.9.2019 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT.