Kerala High Court
S. Rajendran vs State Of Kerala on 17 March, 2025
Author: Anil K.Narendran
Bench: Anil K.Narendran
1
W.P.(C)No.14525 of 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 14525 OF 2023
PETITIONER:
S. RAJENDRAN,AGED 59 YEARS,SON OF S. SHANMUGHAVEL,
492/10, IKKA BHAVAN, KDH VILLAGE, MUNNAR POST, IDUKKI
DISTRICT., PIN - 685612
BY ADV P.K.RAVISANKAR
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF
SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 COMMISSIONER FOR LAND REVENUE
PUBLIC OFFICE COMPOUND, MUSEUM JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
3 DISTRICT COLLECTOR
IDUKKI DISTRICT, IDUKKI, PIN - 685603
4 SUB COLLECTOR, (REVENUE DIVISIONAL OFFICER)
DEVIKULAM, IDUKKI DISTRICT., PIN - 686513
2
W.P.(C)No.14525 of 2023
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5 TAHSILDAR
TALUK OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613
6 ADDL. R6. TAHSILDAR (LAND RECORDS)
DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685613 IS
IMPLEADED AS PER ORDER DATED 07.06.2023 IN I.A. 1/2023
IN WP(C) 14525/2023.
SRI. S. RENJIITH, SPECIAL GOVERNMENT PLEADER
SRI.K.P.JAYACHANDRAN, ADDITIONAL ADVOCATE GENERAL
THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 03.03.2025,
THE COURT ON 17.03.2025 PASSED THE FOLLOWING:
3
W.P.(C)No.14525 of 2023
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JUDGMENT
Muralee Krishna, J.
This writ petition is filed by the petitioner under Article 226
of the Constitution of India seeking the following reliefs:
"(i) Call for the records leading to Exts.P10, P13, P15 and
P17 and issue a writ in the nature of certiorari, order or
direction quashing Exts P10, P13, P15 and P17.
(ia) Issue a writ of mandamus, order or direction directing
the respondents to correct the survey No. in Exts P2 and P3
as '912' instead of '843A'."
2. Going by the averments in the writ petition, the petitioner
is a member of Scheduled Caste. The 5th respondent assigned 8
cents of land in KDH Village in favour of the petitioner in
accordance with the provisions of the Kerala Land Assignment Act,
1960. When the petitioner attempted to effect mutation in the
revenue records, it was found that the survey number was wrongly
shown as 843A instead of the correct survey number of 912. As
per judgment dated 20.02.2020 in W.P.(C)No.7296 of 2015, this
Court directed the 5th respondent to consider the request of the
petitioner to correct the survey number in the light of circular
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No.35735/A2/2015/Revenue dated 30.10.2017 issued by the 1st
respondent. But as per Order No. B1-10716/2018 dated
08.01.2021, the 5th respondent rejected the request of the
petitioner to correct the survey number. Aggrieved by the same,
the petitioner filed an appeal dated 26.02.2021 before the 4th
Respondent which was dismissed. Though the petitioner filed a
Revision petition before the 2nd respondent, the same was also
dismissed. In the meanwhile, the 5th respondent has issued an
order of eviction of the petitioner from the property in question
under the Land Conservancy Act. Hence the above writ petition.
3. The 2nd respondent Commissioner of Land Revenue filed a
counter affidavit opposing the averments in the writ petition.
Paragraphs 3 to 12 of that counter affidavit read thus:
"3. It is submitted that the petitioner has encroached about
8 cents of land in survey number 912 of Kannan Devan Hills
Village (presently Munnar Village) by constructing a house
and letting it out for rent. The petitioner claims that
assignment evidenced by Exhibits P2 and P3 has been issued
to him in the year 2001 for the said land in his possession.
The petitioner himself admits that land in his possession is
in survey number 912 and the so-called assignment is in
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survey number 843-A of Munnar village. The petitioner filed
Exhibit-P4 application before the 3rd respondent District
Collector for correction of survey number in the documents
evidencing assignments. The application was rejected by the
3rd respondent District collector by way of Exhibit-P6 order.
The petitioner thereafter approached the 2nd respondent
Commissioner of Land Revenue in an appeal against Exhibit-
P6 order, which was also rejected by way of Exhibit-P7 order.
Meanwhile the Government issued directions in Exhibit-P8
whereby certain guidelines were issued regarding correction
of survey numbers in assignments. Taking advantage of
Exhibit-P8 orders. petitioner again approached this Hon'ble
court in WP(C)No.7296 of 2015 and this Hon'ble Court had
directed 5th respondent Tahsildar to consider the request of
the petitioner in the light of Exhibit-P8 guidelines. After
considering the request of the petitioner in the light of
Exhibit-P8 guidelines, the 5th respondent Tahsildar rejected
the request of the petitioner by way of Exhibit-P10 order.
4. It is submitted that the 5th respondent Tahsildar, on
finding that the possession of land is an illegal one in
Government Puramboke land and since request of the
petitioner to effect correction of survey number in
assignment was rightly rejected, initiated proceedings under
the Kerala Land Conservancy Act, 1957 against the
petitioner vide Exhibit-P11. The petitioner, in the meanwhile
preferred an appeal before the 4th respondent Sub collector,
Devikulam and approached this Hon'ble court in WP(C)
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No.7424 of 2022. By way of Exhibit-P12 judgment, this
Hon,ble court had directed 4th respondent Sub Collector to
consider and dispose appeal filed by the petitioner and
ordered status-quo till such disposal. The appeal was
dismissed by 4th respondent sub collector by way of Exhibit-
P13 order. Immediately, Exhibit-P15 proceedings under the
Kerala Land Conservancy Act, 1957 were initiated against
the petitioner. The petitioner, again approached this
respondent in Exhibit-P14 revision petition against Exhibit-
P13 order and simultaneously approached this Hon'ble court
in WP(C) No.37449 of 2022. This Hon'ble court, in Exhibit-
P16 judgment, directed this respondent to consider and pass
orders in Exhibit-P14 revision petition within a stipulated
time. The revision petition was considered and Exhibit-P13
order issued by the 4th respondent Sub Collector was upheld
by Exhibit P17 order. The instant Writ petition is filed against
Exhibit-P17 order as well as Exhibit-P15 proceedings under
the Kerala Land Conservancy Act, 1957.
5. It is submitted that Exhibit-P1 Residential/ownership
certificate produced by the petitioner itself is for an
unauthorized construction and issued under section 235AA
and 235W of the Kerala Panchayat Raj Act, 1994. The said
sections of the Act expressly authorise the authorities to
demolish the construction if found illegal. Therefore the
petitioner is not entitled to claim possession of land by the
strength of Exhibit-P1.
6. It is submitted that the difference in boundaries of the
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claimed land from the boundaries recorded in Exhibit-P2
assignment order was duly verified. When the actual
western boundary of the land belongs to Kerala State
Electricity Board, the boundary recorded in Exhibit-P2 is
Government land. An old temple existing in the south east
boundary of the claimed land is not mentioned as boundary
in Exhibit-P2 assignment order. When the property of
Balasingh is recorded as northern boundary in Exhibit-P2,
actually northern boundary is Government Land. Again, the
southern boundary of the claimed land is the land for
Housing project in survey number 912, whereas the
southern boundary mentioned in Exhibit-P2 is that of Kerala
State Electricity Board. Above all, when the actual
assignment is for 8 cents of land, the claimed possession is
of 9 cents.
7. It is submitted that the petitioner, taking undue
advantage of a series of litigations, is utilising precious
Government land for commercial purposes. The land in
question is not used for personal residence of the petitioner.
Grounds raised in the writ petition, without leaving one, has
been considered by the respondents 2 to 5 in various
proceedings in original applications, appeal petitions and
revision petitions. Moreover every stage of the proceedings
has been brought before this Hon'ble court in Writ Petitions
WP(C) No.30507 of 2010, 7296 of 2015, 7424 of 2022 and
37449 of 2022. Every action taken by the respondents are
in compliance with orders issued by the Hon'ble Court in the
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above Writ Petitions from time to time.
8. It is an admitted fact that the land possessed by the
petitioner is in survey number 912 of Munnar Village and the
so called assignment is for land in survey number 843-A of
Munnar village. Exhibit-P8 guidelines is issued for correction
in survey number of assignment in case of genuine
assignments as established from various official records
relating to land assignment. In case of the so-called
assignment in favour of the petitioner, there are no records,
either as Land Assignment File or No II Register, showing
even the application or grant of such an assignment. In the
course of enquiry, it was revealed that the boundaries
mentioned in the so called order of assignment (Exhibit-P2)
and the actual boundaries of the land in possession never
tallies. The respondents are never duty bound to effect
correction in a dubious assignment as is against the
provisions contained in Exhibit-P8 guidelines.
9. The Kerala Land Assignment Act and Rules provide for the
procedure to be followed for granting an assignment of land.
In the instant case there is no land assignment file in respect
of the assignment. Moreover, the Land Assignment No II
Register, which shows the details of all assignments made,
does not include the so called assignment in favour of the
petitioner. As such, the issue or regularisation of the so
called assignment could not be established from any of the
official records concerned.
10. Reports dated 01.04.2004 and 01.09.2006 are prepared
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by Sri. Rajan K Madhekar IPS, Additional Director General of
Police (lntelligence ) and Sri. P C Sanalkumar IAS, secretary,
Kerala State Land Board respectively. These officers were
appointed by the Government officially to conduct enquiry
regarding bogus assignments and encroachments in
Government land in various parts of Idukki District. These
officers have submitted reports to Government directly and
copy of which is available with the respondents. The
respondents have treated the said reports as a reference
report. However, the action taken against the petitioner are
purely in consideration of official records and ground reality.
11. The respondents have duly considered the matter of
difference between boundaries as per the so-called
assignment and actual boundaries of possession. The
boundaries have been verified by qualified surveyor and
reports obtained. The details of such report has been
included in orders issued by the respondents. The claim that
the petitioner resided in the land for some period of time
does not absolve the petitioner from proceedings under the
Kerala Land Conservancy Act, 1957. The land in which the
petitioner claims right is Government land and under the
Kerala Land Conservancy Act, 1957, it is not lawful for any
person to occupy a land which is a property of the
Government, whether a puramboke or not, without
permission from the Government. Even in Exhibit-P1
certificate of residence from the Grama Panchayath, the
validity of which is not verified by this respondent, the
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occupation is said to have commenced from 1987-88.
Further, Exhibit-P1 Residential/Ownership Certificate
produced by the petitioner itself is for an unauthorised
construction and issued under section 235AA and 235W of
the Kerala panchayath Raj Act, 1994. The said sections of
the act expressly authorise the authorities to demolish the
construction, if found illegal. Therefore the petitioner is not
entitled to claim possession of land by the strength of
Exhbit-P1. A regular assignment could have granted to the
petitioner only on satisfactorily proving occupation of an
assignable land prior to 01.08.1971. Thus the provisions of
the Kerala Land Conservancy Act, 1957 becomes squarely
applicable to the petitioner who is possessing Government
land on the strength of a non-existing assignment.
12. The respondents are proceeding against the petitioner
under the provisions of the Kerala Land Conservancy Act,
1957 after all the statutory appeal/revisions are exhausted
for the petitioner. The official respondents herein are dealing
with the issue from the year 2009. At every stage of the
proceedings, the petitioner was heard in detail and the
petitioner has no contention otherwise. Every claim put
forward by the petitioner are considered on merits and
orders passed. Due intervention from the Hon'ble court was
there at every stage of the proceedings. The respondents
are duty bound to protect Government land from
encroachment. Undue delay in finalising the proceedings will
be detrimental to public interest".
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4. To the counter affidavit, the petitioner filed a reply
affidavit, producing Exts.P21 to P26 documents.
5. Heard the learned counsel for the petitioner and the
learned Senior Government Pleader for the respondents.
6. The learned counsel for the petitioner vehemently argued
that the property in question was in the possession of the parents
of the petitioner, and he was brought up in a hut put up in that
property by his parents. After attaining majority, the petitioner
applied for assignment of said land and was issued with Ext.P3
patta dated 05.12.2001 by the 5th respondent Tahsildar,
Devikulam. But in the patta the survey number of the property is
wrongly shown as 843A instead of the correct survey No.912.
Though the petitioner filed repeated requests to correct the survey
number, it was rejected by the authorities without proper
application of mind, even though there was direction from this
Court in the previous writ petitions filed by the petitioner. One of
the reasons for rejection of the Revision filed by the petitioner by
Ext.P17 order dated 11.04.2023 by the 2nd respondent is that the
boundaries of the property seen in Ext.P2 order of assignment
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dated 21.06.2021 are not tallying with the present boundaries.
But it is due to change of boundary holders that happened for the
last several years after issuing patta such a change was there. It
is argued by the learned counsel that the respondents have no
case that Ext.P3 patta obtained by the petitioner is a forged
document or issued by an incompetent officer. According to the
learned counsel, Section 9 of the Kannan Devan Hills Act ('KDH
Act' in short) is not applicable to the property of the petitioner
since it is excluded under Section 3 of the said Act.
7. On the other hand, the learned Senior Government
Pleader argued that there is no corresponding file in the Taluk
Office to the patta produced by the petitioner. Ext.P8 Circular
dated 30.10.2017 issued by the Government which directs
correction in the patta is applicable only in cases where there is a
mistake in the survey number and the boundaries are tallying.
However, on an enquiry conducted by the authorities, it is
understood that the boundaries of the property claimed by the
petitioner is not tallying with Ext.P2 order of assignment and
Ext.P3 patta. The petitioner who had somehow managed to obtain
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patta in respect of another land is now claiming correction of that
patta suitably to another land now occupied by him. He rented
out a building put up on that property to a third party and she filed
a complaint against the petitioner before the 3rd responder District
Collector. It is also argued by the learned Senior Government
Pleader that after coming into force of the KDH Act, all properties
in the revenue village of Kanan Devan Hills are vested with the
Government. The Officer authorised to assign the land under
Kannan Devan Hills is the 3rd respondent District Collector. In the
instant case patta was issued by the 5th respondent Tahsildar and
hence no value can be given to Ext.P3 patta. Ext.P2 order of
assignment dated 21.06.2001 and Ext.P3 patta dated 05.12.2001
relied by the petitioner would show that those documents were
issued in respect of 8 cents of properties situated in survey
No.843A of KDH village.
8. The land in question is situated within the area wherein
the KDH Act 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
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revenue village of Kannan Devan Hills in the Devikulam Taluk.
Section 3 of the Act deals with vesting of possession of all lands
situated in Kannan Devan Village in Devikulam Taluk in the
Government. Section 3 of the KDH Act reads as under:
"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
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(d) lands in the possession of the Central Government
or any State Government or the Kerala State 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
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".
9. Section 9 of the KDH Act deals with assignment of such
lands. 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
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be specified in the notification."
10. 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
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 that land. In
the instant case, Ext.P3 patta relied on by the petitioner is issued
by the Tahsildar and not by the District Collector. The Tahsildar is
empowered to issue patta by following the procedure prescribed
under the Kerala Government Land Assignment Act, 1960 ('KLA
Act' in Short) and not under the KDH Act.
11. In Augustine K.B and another v. State of Kerala and
others [2016 (2) KLJ 18] this Court considered a similar
situation wherein patta was issued to the petitioner therein under
the KLA Act instead of the KDH Act and held that since the land
in question therein will not come within the exclusionary clause of
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sub-sections (2) and (3) of Section 3 and would come within the
ambit of Section 3(1), the mandatory procedure contemplated
under Section 9(2) of the KDH Act should have to be strictly
adhered to. In that situation, the assigning authority under
Section 9(2) of the KDH Act and KDH Rules would either be the
District Collector concerned or an officer of the rank of District
Collector appointed by the Government for that purpose. The
procedures to be followed in the case of assignment of land under
the KLA Act and under the KDH Act are entirely different.
12. As per Section 4 of the KLA Act, it is the Tahsildar of the
Taluk in which the land is situated or any officer empowered by
the Government in that behalf is the authorized officer to issue
Patta. Section 4 of the KLA Act reads as under:
"4. Procedure to be followed before Government lands
are assigned.
(1) When any Government land is proposed to be assigned
by the prescribed authority, otherwise than by way of lease
or licence, the Tahsildar of the taluk in which the land is
situate or any officer empowered by the Government in this
behalf shall notify in the prescribed manner that such land
will, by public auction or otherwise, be assigned, and call
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upon those who have got any claim to such land to prefer
to him their objections, if any, in writing, within a time which
shall be specified in such notification.
(2) If any objection is preferred within the time specified in
the notification, the Tahsildar or such other officer shall
enquire into the same and pass an order in writing either
accepting or rejecting the claim in full or in part and intimate
in writing the fact of such disposal to the claimant.
(3) For the purposes of the enquiry under sub-section (2)
the officer making the enquiry shall have all the powers
conferred upon the Collectors and Tahsildars by the law for
the time being in force regarding summoning of persons for
disposal of matters connected with revenue administration."
13. Though the petitioner claimed that the property having
an extent of 8 cents in survey No.912 of KDH Village was in the
possession of his parents for the last several decades, he did not
produce any document showing that the property was in their
possession prior to coming into force of the KDH Act on
21.01.1971. In order to claim exemption under Section 3(3)of the
said Act, it has to be proved by the petitioner that the property in
question was in his possession prior to 21.01.1971 under his
personal cultivation as a lessee. As per the pleadings in the writ
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petition the building in the land was numbered as IX/160A by the
Munnar Grama panchayat during the period 1987-1992. Ext.P1
document which is a certificate issued by the Executive Officer of
the Panchayat showing possession of that building is dated
17.03.1993. As per that document, the building number in the
assessment register was for the years 1987-1988 to 1991-1992.
14. The first request made by the petitioner to correct the
survey number in Ext.P2 order of assignment and Ext P3 patta
was by virtue of Ext.P4 application dated 05.06.2009 submitted
before the 3rd respondent District Collector. Thereafter, the
petitioner filed W.P.(C)No. 30507 of 2010 before this Court
wherein Ext.P5 judgment dated 28.10.2010 was passed by this
Court directing the 3rd respondent District Collector to consider
and pass orders in Ext.P4 application within six weeks from the
date of production of a copy of that judgment. As per Ext.P6 order
dated 29.10.2011 the 3rd respondent rejected Ext.P4 application
filed by the petitioner holding that the request for correction of
survey number written in the patta is against the provision of the
Rules. It was found in that order that the "patta was issued by the
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statutory authority after completing the procedure prescribed in
the statute and Change of survey number in such a statutory
document without completing the procedure prescribed for
assignment of land comprised in new survey number to be
incorporated in the patta is irregular and not allowable". The
petitioner then submitted an appeal before the 2nd respondent
Commissioner of Land Revenue and the appeal was dismissed by
virtue of Ext.P7 order dated 05.01.2015. Again the petitioner filed
W.P.(C)No.7296 of 2015 before this Court and during the
pendency of that writ petition Ext.P8 circular dated 30.10.2017
was issued by the 1st respondent State of Kerala to permit the
revenue authority to correct the survey number in deserving
cases, if found necessary after completing the formalities of
identifying the property with reference to the description of the
same in the patta, etc. Thereafter the writ petition was disposed
of by this Court as per Ext.P9 judgment dated 20.02.2020
directing the 5th respondent Tahsildar to consider the request
made by the petitioner for correction of the survey number in the
order of assignment or patta after conducting all due verifications
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in the light of Ext.P8 circular. Again as per Ext.P10 order dated
08.01.2021 the 5th respondent rejected the request of the
petitioner on finding that the boundaries of the property are not
tallying with Ext.P2 order of assignment and no files corresponding
to the L.A. number is available in the office. Against Ext.P10 order,
the petitioner filed an appeal before the 4th respondent. During the
pendency of that appeal, Ext.P11 notice dated 11.2.2022 was
issued under Section 12 of Kerala Land Conservancy Act, 1957 by
the 5th respondent directing the petitioner to show cause, stating
that he has been in unauthorized occupation of 9.043 cents in
survey No.912 of Munnar Village. The petitioner then filed
W.P.(C)No.7424 of 2022 before this Court seeking disposal of his
appeal and not to proceed with Ext.P11 notice. As per Ext.P12
judgment dated 31.03.2022 this Court disposed of the writ
petition directing the 4th respondent to take a decision in the
appeal and further directed to maintain status quo till the appeal
is decided. Subsequently, by Ext.P13 order dated 06.10.2022 the
4th respondent dismissed the appeal against which the petitioner
submitted Ext.P14 revision petition dated 09.11.2022 under Rule
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21(8) of the Kerala Land Assignment Rules, 1957, before the 2 nd
respondent. Meanwhile, the 5th respondent again issued Ext.P15
order dated 02.11.2022 directing the petitioner to vacate the land
within seven days. The petitioner then filed W.P.(C)No.37449 of
2022 before this Court and by virtue of Ext.P16 judgment dated
22.11.2022 this court directed the 2nd respondent to dispose of
the revision filed by the petitioner within three months and
Ext.P15 order was directed to be kept in abeyance till such time.
As per Ext.P17 order dated 11.04.2023 the 2nd respondent
dismissed Ext.P14 revision filed by the petitioner. It is thereafter
the petitioner filed the present writ petition.
15. On 26.03.2024 when this writ petition came up for
consideration, this Court directed the learned Government Pleader
to make available the entire files in L.A. No.32 of 2001 in which
the petitioner claims that he was issued Ext.P3 patta to the
property in question. But on 03.03.2025 when the matter was
finally heard, the learned Senior Government Pleader submitted
that the file pertaining to L.A. No.32 of 2001 is not available in
the office concerned and in fact the genuineness of such an L.A.
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number and patta issued therein is doubtful. The learned Senior
Government Pleader produced the file pertaining to eviction
proceedings initiated against the petitioner under the Kerala Land
Conservancy Act in a sealed cover, which contained a complaint
filed by a lady before the District Collector, Idukki claiming that
she is in occupation of the shed constructed in the property in
question on rental basis as permitted by the petitioner's wife and
the petitioner is trying to evict her from that house. By the perusal
of that file we could gather that after Ext.P17 decision in the
revision petition filed by the petitioner, the eviction proceedings
proceeded further and culminated by taking possession of the
same by the 5th respondent Tahsildar on 19.04.2023 and a board
was affixed therein showing that it is the property of the
Government.
16. The learned counsel for the petitioner argued that in
Ext.P24 assignment list the name of the petitioner is included and
hence the contention of the Government that there were no
assignment proceedings in favour of the petitioner is incorrect. It
is true that in Ext.P24 assignment list produced by the petitioner,
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his name is shown against serial No.1 as the person assigned with
property in survey No.843A. The extent of that property is shown
as 8 cents. But from the counter affidavit filed by the 2nd
respondent and from the submissions made at the Bar, we notice
that the file pertaining to assignment of the property to the
petitioner is not available in the revenue office concerned. In
Ext.P17 order the 2nd respondent Land Revenue Commissioner
found that the name of the petitioner is not therein in No.1 and
No.2 registers. The number assigned to the building put up by the
petitioner in the property is also a temporary number assigned to
unauthorized construction under Sections 235A and 235W of the
Kerala Panchayat Raj Act, 1994. With the risk of repetition, we
may say that Ext.P3 patta relied by the petitioner cannot be
validated as the one issued in respect of the property in question
by simply correcting the survey number, since it was not issued by
the person authorised to issue the same under the KDH Act and
there is no material to say that any procedure as contemplated
under the KDH Act and Rules are followed in issuing such a patta,
especially when the petitioner failed to place any materials on
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record to accept his contention that the property will fall under the
exempted properties in Section 3(3) of the KDH Act.
Having considered the pleadings and materials on record and
the submissions made at the Bar, we find no merits in the above
writ petition.
In the result, the writ petition stands dismissed. Registry
shall return the file pertaining to the eviction proceedings initiated
against the petitioner, in a sealed cover, to the learned Senior
Government Pleader.
Sd/-
ANIL K.NARENDRAN, JUDGE
Sd/-
MURALEE KRISHNA S., JUDGE
sks
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APPENDIX OF WP(C) 14525/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE CERTIFICATE NO. A3-925/87
DATED 17-3-1993 ISSUED BY EXECUTIVE OFFICER
OF MUNNAR PANCHAYAT
Exhibit P2 TRUE COPY OF THE ORDER OF ASSIGNMENT DATED
21-6-2001 ISSUED BY THE 5TH RESPONDENT
Exhibit P3 TRUE COPY OF THE PATTA NUMBER 32 OF 2001
DATED 5-12-2001 ISSUED BY THE 5TH
RESPONDENT TO THE PETITIONER
Exhibit P4 TRUE COPY OF THE REQUEST DATED 5-6-2009
SUBMITTED BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 28-10-2010
IN WP(C) NO. 30507 OF 2010 OF THIS
HONOURABLE COURT
Exhibit P6 TRUE COPY OF THE ORDER NO. C4-45257/2010
DATED 29-10-2011 ISSUED BY THE 3RD
RESPONDENT
Exhibit P7 TRUE COPY OF THE ORDER NUMBER LR.J3-
53305/11 DATED 5-1-2015 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
Exhibit P8 TRUE COPY OF THE CIRCULAR NO.
35735/A2/2015/REVENUE DATED 30-10-2017
ISSUED BY THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 20-2-2020
IN WP (C) NO. 7296 OF 2015 OF THIS
HONOURABLE COURT
Exhibit P10 TRUE COPY OF THE ORDER NO. B1-10716/2018
DATED 8-1-2021 ISSUED BY THE 5TH RESPONDENT
Exhibit P11 TRUE COPY OF THE NOTICE NO. C1-6292/2021-
LC16/2021 DATED 11-2-2022 ISSUED BY THE 5TH
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RESPONDENT
Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 31-3-2022
IN WP(C) NO. 7424 OF 2022
Exhibit P13 TRUE COPY OF THE ORDER NO. RDODVM/506/2022-
A2 DATED 6-10-2022 ISSUED BY THE 4TH
RESPONDENT
Exhibit P14 TRUE COPY OF THE REVISION PETITION DATED 9-
11-2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT
Exhibit P15 TRUE COPY OF THE ORDER NO. C1.6292/2021
DATED 2-11-2022 ISSUED BY THE 5TH
RESPONDENT
Exhibit P16 TRUE COPY OF THE JUDGMENT DATED 22-11-2022
IN FILING WP(C) NO. 37449 OF 2022 ON THE
FILES OF THIS HONOURABLE COURT
Exhibit P17 TRUE COPY OF THE ORDER NO. L/128550/2023
DATED 11-4-2023 ISSUED BY THE 2ND
RESPONDENT
Exhibit P18 TRUE COPY OF THE SKETCH SHOWING THE
PROPERTY IN THE POSSESSION OF THE
PETITIONER PREPARED BY TALUK SURVEYOR,
DEVIKULAM
Exhibit P19 TRUE COPY OF THE SURVEY SKETCH OF THE LAND
PROPOSED FOR DISTRIBUTION AMONG LANDLESS
PERSONS
Exhibit P20 TRUE COPY OF THE LIST OF ASSIGNABLE LANDS
PREPARED BY SPECIAL TAHSILDAR (L.A.),
DEVIKULAM AS APPROVED BY THE 3RD RESPONDENT
Exhibit P21 True copy of the letter No. C1-6292/2021
dated 19-11-2021 issued by the Additional
6th Respondent to the Head Surveyor,
Devikulam
Exhibit P22 Photograph showing the idol kept on the
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eastern side of the property
Exhibit P23 Photograph of the temporary roof provided
to the idol
Exhibit P24 True copy of the letter No. 3-8-2016 issued
by the 5th Respondent along with copy of
the assignment list
Exhibit P25 True copy of the order of assignment dated
21-6-2001 issued by the 5th respondent
under the Right to Information Act
Exhibit P26 True copy of the patta No. 32 dated 5-12-
2001 issued by the 5th respondent under the
Right to Information Act
