Kerala High Court
C.Leela vs State Of Kerala on 2 April, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
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WP(C)No.35713 of 2015 2025:KER:27461
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947
WP(C) NO. 35713 OF 2015
PETITIONERS:
1 C.LEELA, AGED 56 YEARS, W/O.CHELLAYYA, MAHATHMA GANDHI
COLONY, MUNNAR PO, IDUKKI.
2 K.SUMATHY D/O.ANBALAGAN, AGED 30 YEARS
MAHATMA GANDHI COLONY, MUNNAR PO, IDUKKI.
3 ASHOK KUMAR, AGED 37 YEARS
S/O.ARCHYUNAN, CHOCKANAD, MUNNAR, IDUKKI
4 SANTHI, MAHATHMA GANDHI COLONY, MUNNAR, K.D.H. VILLAGE
DEVIKULAM TALUK, IDUKKI.
5 K.BALAGURU, AGED 31 YEARS, MAHATHMA GANDHI COLONY, MUNNAR,
IDUKKI
6 C.MUNIASAMY, AGED 31 YEARS
S/O.CHELLAYYA, MAHATMA GANDHI COLONY, MUNNAR, IDUKKI.
7 S.MANI, MAHATHMA GANDHI COLONY, MUNNAR, IDUKKI
8 M.PETCHIYAMMAL, AGED 31 YEARS, W/O.MURUGAKUMAR, LETCHMI
ESTATE, VIRPARA DIVISION, MUNNAR, IDUKKI.
9 R.MUNIAMMAL, AGED 31 YEARS, W/O.RAJAKANNAN, CHOCKNAD
ESTATE, MUNNAR, IDUKKI.
BY ADVS.
SRI.A.X.VARGHESE
SRI.A.V.JOJO
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WP(C)No.35713 of 2015 2025:KER:27461
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2 THE DISTRICT COLLECTOR
IDUKKI 685 612.
3 THE TAHSILDAR
TALUK OFFICE, DEVIKULAM, IDUKKI 685 612.
4 SPECIAL TAHSILDAR
REVENUE DEPARTMENT, MUNNAR PO, IDUKKI DISTRICT PIN 685 612.
5 THE VILLAGE OFFICER
KANNAN DEVAN HILLS VILLAGE, IDUKKI 685 612.
6 ADDL R6. KERALA STATE ELECTRICITY BOARD
REPRESENTED BY ITS SECRETARY, KERALA STATE ELECTRICITY
BOARD,VAIDHYUTHI BHAVAN,PATTOM P.O,THIRUVANANTHAPURAM,PIN
695004 (IMPLEADED AS PER ORDER DATED 01/10/2021 IN IA
1/2019)
7 ADDL.R7. MUNNAR GRAMA PANCHAYATH,
REPRESENTED BY ITS SECRETARY, MUNNAR P.O., IDUKKI - 685612
8 ADDL.R8. THE SECRETARY,
MUNNAR GRAMA PANCHAYATH, MUNNAR P.O., IDUKKI - 685612
(ADDL.R7 AND R8 IMPLEADED AS PER ORDER DATED 27-02-2025 IN
IA 3/2025)
OTHER PRESENT:
SRI. JAFFARKHAN Y. SR. GP; SRI. ARUNKUMAR A, SC, KSEB; SRI.
ARUN THOMAS, SC, MUNNAR GRAMA PANCHAYAT
THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 19.03.2025, THE
COURT ON 2.4.2025 PASSED THE FOLLOWING:
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WP(C)No.35713 of 2015 2025:KER:27461
JUDGMENT
Muralee Krishna, J.
This writ petition is filed under Article 226 of the Constitution
of India by the petitioners seeking a writ of mandamus directing
the 3rd respondent Tahsildar, Devikulam to consider Exts.P2 to
P2(h) applications for the assignment of land submitted by the
petitioners and assign 0.03 cents of property each in survey
No.912 of Kannan Devan Hills Village to the petitioners.
2. Going by the averments in the writ petition, the petitioners
are landless persons. They belong to scheduled caste community,
and they are enjoying the possession of 0.03 cents of landed
property each in Kannan Devan Hills Village from 1998 onwards.
The petitioners have no other land except the small extent of land
covered by Ext.P1 certificate issued by the 5th respondent. On
9.4.2004 the petitioners submitted applications for assignment
before the 3rd respondent under Rule 11(8) of the Kerala Land
Assignment Rules, 1964, in the prescribed form. But even after
the lapse of considerable time, the 3rd respondent did not pass any
order on Ext.P2 to P2(h) applications submitted by the petitioners.
WP(C)No.35713 of 2015 2025:KER:27461
The petitioners also submitted Ext.P3 to P3(h) applications before
the Munnar Grama Panchayat for a building permit. Aggrieved by
the inordinate delay in considering the application for building
permit, petitioners approached this Court by filing W.P.(C)
No.12455 of 2015. On 10.04.2015 this Court disposed of that writ
petition directing the Munnar Grama Panchayath to consider and
dispose of Exts.P3 to P3(h) representations within two months
from the date of receipt of a copy of the judgment. Since there
was non-compliance on Ext.P4 judgment, the petitioners filed a
contempt of court case and the same is pending before this Court.
However, the 4th respondent threatened the petitioner and
demolished their respective sheds without serving any notice.
Since petitioners had no other land, they again constructed their
sheds and resided there. The applications of the petitioners for
assignment are pending before the 3rd respondent. But the 4th
respondent unnecessarily harassing and threatening to evict the
petitioner forcefully. Hence the petitioners approached this Court
by filing this writ petition.
3. The 4th respondent Special Tahsildar, Revenue Department
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filed a counter affidavit dated 24.02.2016 producing therewith
Exts.R4(a) to R4(c) documents. Paragraphs 2 to 5 of that counter
affidavit read thus:
"2. It is submitted that the land in question is Government
puramboke land comprised in Sy.No.912 of KDH Village. The
land is under the custody of KSHB and it is under the
supervision of the 4th respondent. The land is kept for KSHB
purpose, and it is free land without any structure for years.
3. The Certificates produced by the petitioners as exhibits
are forged ad created by the petitioners. The 2nd respondent
as per his Proceedings No.E2.40384/99 dated 16.08.2001
has ordered to cancel all old cases of Possession Certificates
issued and had given one month to submit application for
ratification. If ratification has not been made within one
month, the Certificates will stand cancelled. No ratification
is seen made in the Certificates produced by the petitioners
as exhibits. A true copy of the Proceedings No.E2.40384/99
dated 16.08.2001 of the District Collector, Idukki is produced
herewith and may be marked as Exhibit R4(a).
4. It is submitted that no structure has been there in the
land in question for several years and the land under the
custody of KSHB and under the supervision of the 4 th
respondent. The petitioners have approached the Hon'ble
Court with forged documents created by them and their
action should not have to be entertained at any cost. This
Hon'ble Court had dismissed W.P.(C)No.14013/2013 by
WP(C)No.35713 of 2015 2025:KER:27461
judgment dated 12.07.2013 in the light of similar facts. A
true copy of the judgment dated 12.07.2013 in
W.P.(C)No.14013/2013 of the Hon'ble Court is produced
herewith and may be marked as Ext.R4(b). Hence, the
attempt of the petitioners to encroach Government land with
forged documents created by them may not be entertained
by this Hon'ble Court.
5. It is denied that the petitioners are in possession of the
lands and are residing in the plots. A true copy of the
photographs showing barren nature of the land which is
presently in the possession of the authorities is produced
herewith and may be marked as Ext R4 (c). The attempt of
the petitioners is to make out a case of possession which is
false. The attempt of the petitioners to encroach the land
was intervened and prevented by the respondents. Hence,
the entire claim now put forward is fraudulent and liable to
be treated as such".
4. Heard the learned counsel for the petitioners, the learned
Government Pleader, the learned Standing Counsel for the Kerala
State Electricity Board ('KSEB' in short) and the learned Standing
Counsel for the Munnar Grama Panchayat.
5. The learned counsel for the petitioners submitted that the
petitioners are landless and homeless persons in occupation of
puramboke land in the possession of KSEB. Though they have filed
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repeated applications for the assignment of the land in their
possession under Rule 11 (8) of the Kerala Land Assignment Rules,
1964, no orders have been passed in those applications by the 3rd
respondent Tahsildar, Devikulam.
6. On the other hand, the learned Government Pleader
submitted that the land in question is puramboke land under the
custody of KSEB and it is kept for the purpose of KSEB. The
certificates produced by the petitioners are forged documents. The
property in question in this writ petition is situated in Kannan
Devan Hills Village.
7. The land in question in this writ petition is situated within
the area wherein Kannan Devan Hills Act, 1971 (KDH Act, in short)
is notified as applicable by the Government. As per Section 1(2)
of the Act, it came into force on 21.1.1971. As per Section 1(3) of
the Act, it applies to the land comprising the revenue village of
Kannan Devan Hills in the Devikulam Taluk. Section 3 of the Act
deals with the vesting of possession of all lands situated in Kannan
Devan Hills Village in Devikulam Taluk in the Government. Section
3 of the KDH Act reads as under:
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"3. Vesting of possession of certain lands.
(1)Notwithstanding anything contained in any other law for
the time being in force, or in any contract or other
document, but subject to the provisions of sub-sections (2)
and (3), with effect on and from the appointed day, the
possession of all lands situate in the Kannan Devan Hills
village in the Devikulam taluk of the Kottayam district shall
stand transferred to and vest in the Government free from
all encumbrances, and the right, title and interest of the
lessees and all other persons, including rights of mortgagees
and holders of encumbrances, in respect of such lands, shall
stand extinguished.
(2)Nothing contained in sub-section (1) shall apply in
respect of-
(a)plantations, other than plantations belonging to
trespassers ;
(b)buildings, other than buildings belonging to
trespassers, and lands appurtenant to, and necessary
for the convenient enjoyment or use of, such buildings;
(c)play-grounds and burial and burning grounds; and
(d)lands in the possession of the Central Government
or any State Government or the Kerala Stale Electricity
Board.
(3)Nothing contained in sub-section (1) shall apply in
respect of so much extent of land held by a lessee under his
WP(C)No.35713 of 2015 2025:KER:27461
personal cultivation as is within the ceiling limit applicable
to him under any law for the time being in force or any
building or structure standing thereon or appurtenant
thereto".
8. As far as the assignment of such lands covered by KDH
Act, Section 9 is relevant. The said Section reads as under:
"9. Assignment of lands- (1) The Government shall, after
reserving such extent of the lands, the possession of which
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 or
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."
9. A reading of Section 9(2) of the KDH Act would make
it clear that the power to assign the land vested in the Government
under the provisions of the said Act is on the Government and
WP(C)No.35713 of 2015 2025:KER:27461
such power can be delegated by notification in the Gazette to the
District Collector. If the property is part of the vested land under
the KDH Act, necessarily the provisions of the KDH Act and Rules
made thereunder would apply for the assignment of the said land.
Exts P2 to P2(h) applications submitted by the petitioners before
the 3rd respondent are for assignment of land under the provisions
of the Kerala Land Assignment Rules. Since the property in
question is situated in Kannan Devan Hills Village, the authority
that can consider the assignment of such lands vested in the
Government under Section 3(1) of the KDH Act is the District
Collector.
10. Except producing Exts.P1 to P1(h) certificates claimed as
issued by the Village Officer, the petitioners have not produced
any document to prove their possession of the property claimed
therein. According to the Government, Exts P1 to P1(h) certificates
are forged certificates and as per Ext.R4(a) proceedings dated
16.08.2001, the 2nd responder District Collector has ordered to
cancel all old cases of possession certificates issued, noting that
there are no records regarding the issuance of possession
WP(C)No.35713 of 2015 2025:KER:27461
certificates and there are instances in which the signatures of the
authorities are forged. In such circumstances, the petitioners are
not entitled for the reliefs sought in the writ petition.
In the result, writ petition stands dismissed.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
sks
WP(C)No.35713 of 2015 2025:KER:27461
APPENDIX OF WP(C) 35713/2015
PETITIONER EXHIBITS
Exhibit P6 TRUE COPY OF THE REPLY DATED 17/10/2024
OBTAINED UNDER R.T.I. ACT BY ONE
MR.PANNEER.P.JOY.
Exhibit P7 TRUE COPY OF THE OWNERSHIP CERTIFICATE
ISSUED FROM THE MUNNAR GRAMA PANCHAYATH
DATED 8/3/2022.
P2(B)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 3RD PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
P2(C)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 4TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
P2(D)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 5TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
P2(E)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 6TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
P2(F)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 7TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
P2(G)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 8TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED NIL
P2(H)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 9TH PETITONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
WP(C)No.35713 of 2015 2025:KER:27461
LICNENCE DATED 9.4.2004
P3- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 1ST PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(A)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 2ND PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(B)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 3RD PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(C)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 4TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(D)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 5TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(E)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 6TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P2- TRUE COPY OF THE APPLICATION SUBMITTED
BY THE 1ST PETITONER FOR ASSIGNEMNT OF LAND
ON REGISTRY, LEASE, OR LICNENCE DATED
9.4.2004
P3(G)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 8TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P3(H)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 9TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P4- TRUE COPY OF THE JUDGMENT DATED
10.4.2015 IN WP(C) NO.12455/2015
P1- TRUE COPY OF THE SETTLEMENT ISSUED BY
THE VILLAGE OFFICER TO THE 1ST PETITNER
DATED 9.6.1998
WP(C)No.35713 of 2015 2025:KER:27461
P1(A)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 2ND PETITONER
DATED 18.7.1998
P1(B)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 3RD PETITONER
DATED 16.5.1998
P1(C)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 4TH
PETITIONER DATE 16.5.1998
P1(D)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 5TH DATED
16.6.1998
P1(E)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 6TH
PETITIONER DATD 9.6.1998
P1(F)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 7TH PETITONER
DATED 16.5.1998
P1(G)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 8TH
PETITIONER DATED 9.6.998
P1(H)- TRUE COPY OF THE SETTLEMENT ISSUED
BY THE VILLAGE OFFICER TO THE 9TH
PETITIONER DATD 16.5.1998
P3(F)- TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE 7TH PETITONER BEFORE THE
MUNNAR GRAMA PANCHAYATH DATED 17.3.2015
P2(A)- TRUE COPY OF THE APPLICATION
SUBMITTED BY THE 2ND PETITIONER FOR
ASSIGNEMNT OF LAND ON REGISTRY, LEASE, OR
LICNENCE DATED 9.4.2004
