K.Abbakke.V.Rai vs State Of Kerala
2022 Latest Caselaw 10959 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
   THURSDAY, THE 3RD DAY OF NOVEMBER 2022 / 12TH KARTHIKA, 1944
                       WP(C) NO. 18898 OF 2016
PETITIONER:

          K.ABBAKKE.V.RAI
          AGED 75 YEARS
          W/O. VISWANATHA RAI, R/AT BANARI HOUSE, ADKATHOTTY,
          PUTHIGE VILLAGE, KASARAGOD DISTRICT.

          BY ADV SRI.KODOTH SREEDHARAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS PRINCIPLE SECRETARY,REVENUE
          DEPARTMENT, GOVT. SECRETARIATE,
          THIRUVANANTHAPURAM-695 001.

    2     DISTRICT COLLECTOR
          KASARAGOD -671121

    3     TAHSILDAR (LA)
          NOW KUMBLA)KASARAGOD - 671123.

          SMT.DEEPA.V, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 18898 OF 2016

                                    2

                               T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C) No.18898 of 2016
                   --------------------------------------------
            Dated this the 03rd day of November, 2022

                             JUDGMENT

The petitioner claims a preferential right for assignment of

kumki lands. The writ petition is filed praying for a direction to the

respondents to pass final orders and issue Patta to the petitioner in

L.A.No.60/1989 Kasaragod (now Kumbla). A detailed counter

affidavit has been filed on behalf of the State contending that the

petitioner owns 12.87 Acres of land and assignment cannot be

granted. It is further stated in the counter affidavit that the

Government is facing dearth of land even for assignment to poor

landless people.

2. The counsel for the petitioner submits that unlike the

regular assignment this is a case in which the request is for

assignment of kumki lands with regard to which there is a

preferential right available to the warg land holder. The petitioner

relies on the judgment of a Division Bench of this Court in

WA.No.1167 of 2015 wherein this Court held that the law that is

applicable on the date of assignment is not the law to be applied WP(C) NO. 18898 OF 2016

and the law which was applicable at the time of the original

application is to be looked into.

3. Rule 7(A) of the Kerala Land Assignment Rules deals

with preference to be given to kumkidars, who had applied for

assignment. The only requirement under the Rule is that the

assignment shall be subject to the ceiling prescribed in the Kerala

Land Reforms Act, 1963.

In the above circumstances, this writ petition is disposed of,

directing the 3rd respondent to consider the claim of the petitioner

and pass orders granting the assignment in accordance with Rule

7(A) of the Kerala Land Assignment Rules, if the application is

otherwise in order. The order shall be issued after hearing the

petitioner at the earliest, at any rate, within two months from the

date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI JUDGE mpm WP(C) NO. 18898 OF 2016

APPENDIX OF WP(C) 18898/2016

PETITIONER'S EXHIBITS

EXT.P1 TRUE COPY OF THE OA NO.781/73 DATED 31/07/1989 ISSUED BY THE TAHSILDAR, KASARAGOD

EXT.P2 TRUE COPY OF THE COMMUNICATION DATED 9/7/1999 BY THE 3RD RESPONDENT TO THE 2ND RESPONDNET ALONG WITH AN EYE SKETCH.

EXT.P3 TRUE COPY OF THE REPRESENTATION DATED 18/9/2015 BEFORE THE 2ND RESPONDENT.

EXT.P4                    TRUE COPY        OF THE     COMMUNICATION DATED
                          19/05/1997        ISSUED     BY    THE   SPECIAL
                          TAHSILDAR.

EXT.P4(A)                 TRUE   COPY   OF   THE           EXTRACT   OF   THE
                          APPLICATION REGISTER.

EXT.P5                    TRUE COPY OF THE COMMUNICATION DATED

6/3/1998 ISSUED BY THE SPECIAL TAHSILDAR.

EXT.P6 TRUE COPY OF THE STATEMENT BY THE PETITIONER.

EXT.P7 TRUE COPY OF THE APPLICATION FORWARDED TO THE SPECIAL TAHSILDAR ALONG WITH THE MAHAZAR AND DETAILS OF THE PROPERTIES OF THE APPLICANT.