Kerala High Court
V. Narayanan vs State Of Kerala on 6 March, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 30692 OF 2014
PETITIONER:
V. NARAYANAN
AGED 55 YEARS
S/O.LATE V.CHANDU (FF.NO.347), KINANOOR P.O.,
CHAYYOTH, VIA.NILESHWAR, KASARGOD DISTRICT,
PIN-671314.
BY ADV. RESHMA E.
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DISTRICT COLLECTOR
COLLECTORATE, KASARGODE-671001.
3 THE REVENUE DIVISIONAL OFFICER
KANHANGAD, KASARGOD-671315.
4 THE TAHSILDAR
VELLARIKUNDU, KASARGOD, PIN-671533.
5 THE TAHSILDAR
HOSDURG, KASARGOD, PIN-671312.
6 THE VILLAGE OFFICER
KINANOOR VILLAGE, KASARGOD, PIN-670533.
BY ADV.
SRI. B.S. SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.30692 of 2014
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 30692 of 2014
----------------------------------------------
Dated this the 06th day of March, 2024
JUDGMENT
This writ petition is filed by the petitioner
seeking the following reliefs:
"i) Call for the records leading to the
issuance of Ext. P5 and quash the same by issuing a
writ of certiorari;
ii) Issue a declaration that the petitioner is
entitled to assignment of 18 cents of land comprised
in R.S. No: 469/3A in Kinanoor Village in
Vellarikundu Taluk of Kasargod District;
iii) Issue a writ of mandamus directing the
4th respondent to assign 18 cents of land in R.S. No:
469/3A in Kinanoor Village in Vellarikundu Taluk of
Kasargod District and to issue patta in favour of the
petitioner;
iv) Issue such other writ order or direction,
which this Hon'ble Court may deem just, fit and
proper in the facts and circumstances of the
case."[SIC]
2. The petitioner is aggrieved by the order of
the 4th respondent rejecting his application for
assignment of land. Petitioner is a resident of
Kinanur Village, which is a hill tract area. It is
submitted that, as per the Land Assignment Act and
Rules, it is permissible to assign up to 4 Acres of land
in this area. Petitioner's father Mr. Chandu was a
freedom fighter and was occupying the land situated
in R.S.No.469/3 of Kinanur Village measuring 18
cents for several years. It is also submitted that he
constructed a thatched roof hut in that place. The
above house was assigned as Door No.II/212 of
Kinanoor Karindalam Grama Panchayath. A ration
card was issued in the name of the father of the
petitioner is the submission. Now the ration card is
changed to the name of the petitioner on the death of
his father. Subsequently, the petitioner was served
with a notice bearing No.LCR- 38/92-93 (D2) dated
12.08.1992 from the Tahsildar, Hosdurg directing to
vacate the land. Petitioner filed an application for
assignment of 18 cents of land in his possession as
LA/76/93 Kinanur. The application was objected on
the ground that the land was reserved for public
purpose. Therefore, it is submitted that the petitioner
has moved the 2nd respondent District Collector, who
passed Ext.P3 order. However, the 5 th respondent
has rejected the application for assignment on flimsy
ground is the submission. The petitioner thereupon
filed an appeal before the 3rd respondent. The 3rd
respondent passed Ext.P4 order holding that the
order of the Tahsildar is not correct and that the
matter is to be reconsidered. It is submitted that the
petitioner was under the legitimate and bonafide
expectation that his application for assignment would
be allowed and that he will be granted patta in
respect of the 18 cents of land occupied by him. But
it is submitted that the petitioner was served with
Ext.P5 order of the 4th respondent rejecting his
application. The definite case of the petitioner is that
Ext. P5 is issued without hearing the petitioner and
the same is violative of the basic principles of natural
justice. It is also submitted that the petitioner was
not issued with any notice before the issuance of
Ext.P5 and the same is issued without proper
application of mind. The Government letters referred
in Ext.P5 is not served to the petitioner and Ext.P5 is
an order passed behind the back of the petitioner is
the case of the petitioner. Therefore, this Writ
petition is filed challenging Ext.P5 order and to assign
18 cents of land in R.S.No.469/3 of Kinanur Village in
Vellarikundu Taluk of Kasargod district to the
petitioner.
3. Heard the learned counsel appearing for
the petitioner and the learned Government Pleader.
4. The short point raised by the petitioner is
that, Ext.P5 is an order passed without giving an
opportunity of hearing to the petitioner. A perusal of
Ext.P5 order would not show that it is an order
passed after giving an opportunity of hearing to the
petitioner. Ext.P4 is the proceedings issued by the
Revenue Divisional Officer. The relevant portion of
Ext.P4 is extracted hereunder:
"The appellant and his advocate appeared and
argued that the land is in possession and enjoyment
of the appellant by way of effecting valuable
improvements. The records also shows that the
arguments of the appellant are correct. The order of
the Tahsildar is not correct. The Tahsildars orders is
set aside and the case remanded to the Tahsildar for
fresh disposal as per rules."
5. Based on the above proceedings, Ext.P5
order is passed. But Ext.P5 is an order passed
without giving an opportunity of hearing to the
petitioner. Therefore, I am of the considered opinion
that the matter is to be reconsidered by the 4 th
respondent. Therefore, this Writ petition is disposed
of in the following manner:
1. Ext.P5 is set aside.
2. The 4th respondent is directed to reconsider
the matter after giving an opportunity of
hearing to the petitioner, as expeditiously as
possible, at any rate, within a period of four
months from the date of receipt of a copy of
this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
APPENDIX OF WP(C) 30692/2014
PETITIONER EXHIBITS
P1: TAX RECEIPTS ISSUED BY THE
PANCHAYAT.
P2: COPY OF THE RATION CARD BEARING
NO.KGD 022229.
P2(A): COPY OF THE RECEIPTS ISSUED
BY THE KERALA AGRICULTURAL WORKERS
WELFARE FUND BOARD, THRISSUR.
P3: COPY OF THE PROCEEDINGS BEARING
NO.K.DIS.8623/96/C5 DATED 6.8.1997
OF THE 2ND RESPONDENT.
P4: COPY OF THE PROCEEDINGS
REF.D.DIS.4370/2003 (AA.17/02)
DATED 25.6.2003 OF 3RD RESPONDENT
R.D.O.
P5: COPY OF THE ORDER
NO.LA.76/93/KINANOOR/D.DIS(1) DATED
29.09.2014 OF 4TH RESPONDENT.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
