Sankaran, J.

The questions of law involved in this Writ Appeal are the following:

1) Whether an encroacher on government land, possession of which was resumed under the Kerala Land Conservancy Act, is entitled to claim lease of that land under the "Rules for Lease on Government Lands for Cardamom Cultivation, 1961" (hereinafter referred to as Cardamom Rules)?

2) Whether a person who has encroached on Government land after 5.6.1961, the date of commencement of the Cardamom Rules, is entitled to the grant of a lease under the Cardamom Rules?

3) Whether a person claiming under an encroacher, on the basis of an agreement for sale, can claim to get a lease under the Cardamom Rules?

4) Whether the Board of Revenue has jurisdiction to pass an order to grant lease by regularization under the Cardamom Rules contrary to Rule 5 of the Rules which provides for public auction of the lands taken possession of by the Government after evicting a lessee or an encroacher?

5) Whether an encroacher on government land is entitled to the relief of a writ of mandamus to get implemented the order passed by a member of the Board of Revenue in contravention of Rule 5?

2. The dispute relates to an extent of 224.21 acres of land in Anaviratty Village in Devikulam Taluk in Kottayam District. In the year 1122 ME (corresponding to 1946-47), M/s. Nellithanam Rubber Produce Company Ltd., Calicut (hereinafter referred to as ‘Company'), approached the Government of Travancore for assignment on registry an extent of 50 acres of land in Sy.No.234 of Pallivasal Village (now Anaviratty Village). The Government of Travancore, as per order dated 13.6.1943, sanctioned to assign 50 acres of land on registry to the Company. Survey was conducted and it was found that the Company was in unauthorized possession of 224.21 acres of land. The Company filed an application before the Government for assignment on registry of the entire extent of 224.21 acres of land. The request of the Company was rejected on the ground that the Company had violated the conditions of the Cardamom Land Registry Rules 1935, under which assignment of lands on registry was ordered to be granted in respect of 50 acres of land. The Company continued its pursuit to get assignment of the land which was declined by the Government of Travancore and the Government of Travancore-Cochin and subsequently by the Government of Kerala. In 1944, the Company was evicted from the land. It would appear that in the next year, the Company encroached upon the land. In the year 1961, the "Rules for Lease of Government Lands for Cardamom Cultivation, 1961" came into force and it was published in the Gazette on 5.6.1961. The Assistant Settlement Officer for cardamom lands, the authorized officer under the Rules, ordered to resume the land from the Company. On 28.8.1980, an extent of 75 acres of land was resumed to the Government from the Company. As it was found that the Company had unauthorisedly alienated an extent of 65.48 acres in Sy.Nos.234 and 1393 of Pallivasal Village, the said extent was resumed to the Government on 19.9.1987. Thus, a total extent of 140.48 acres was resumed to the Government. The Company was in unauthorized possession of 88.19 acres of land. Proceedings under the Kerala Land Conservancy Act were initiated against the Company. The Company claimed that an extent of 88.19 acres was taken over by M/s. Joseph Estate and Hotels (P) Ltd., from M/s. Nellithanam Rubber Produce Company. In the meanwhile, trees were cut from the 88.19 acres of land and proceedings were initiated against the Company. As per order dated 28.1.1988 (Ext.P22), fine was imposed on the Company. It is stated in Ext.P22 thus: "The encroachment will be evicted".

3. It would appear that the Company filed an appeal before the Cardamom Settlement Officer, Devikulam and it was rejected on 10.6.1988. Subsequently, on 28.3.1989, an extent of 88.10 acres was resumed to the Government. The said land was entrusted to the Village Officer