2010 Supreme(Ker) 299
High Court of Kerala
THE HONOURABLE MR. JUSTICE K.M. JOSEPH & THE HONOURABLE MR. JUSTICE M.L. JOSEPH FRANCIS
M/S. Harrisons Malayalam Ltd
Versus
State Of Kerala & Others
W.P(C).NOS. 34707 of 09G, 4545 of 10P, 4624 of 10C, 4642 of 10E & 4646 of 10E
Decided on : 18-05-2010
Headnote:
Constitution of India, 1950 - Article 226 - Petitioners seek a writ of mandamus, order or direction in the nature thereof, directing the official respondents to provide police protection to them to ward off encroachments on their properties - Held, Court note further that under Rules 19 and 20 of the Kerala Land Reforms (Ceiling) Rules 1970, the Officer shall, inter alia, take possession of the land after removing any unauthorised occupation by using such force as he thinks fit. - Court would think that the provisions cast a duty on the part of the Authorised Officer to recover possession by removing any unauthorised occupant - Court would only remind them of the procedure which has been mentioned in the Police Manual to which Court have made a brief reference in our Judgment - Court is of the view that in the facts and circumstances obtaining, there must be a time limit also fixed to remove the encroachers -Writ Petitions Disposed of.
K.M. Joseph, J.
These batch of Writ Petitions raise common questions and hence they are disposed of by this common Judgment. All the petitioners seek a writ of mandamus, order or direction in the nature thereof, directing the official respondents to provide police protection to them to ward off encroachments on their properties.
2. The petitioner is an elected Member of the Kerala Legislative Assembly from Kalpetta. Briefly put, the case of the petitioner is as follows:
Petitioner is a planter. The present Wayanad District and other parts formerly constituting the erstwhile Malabar area were under the administration and management of the Madras Government. During 1940, the Madras Government formulated a scheme, called more food campaign to encourage the people to cultivate more lands. The grandfather of the petitioner, a cultivator was approached by the concerned Officials offering to give the property in the possession of the petitioner herein for improving and converting the same into an agricultural land. These lands were handed over in the year 1940 and were improved and converted into an excellent garden land consisting of various fruit bearing trees. During 1958, there was an assessment and levy of additional land revenue under the Madras Land Revenue (Surcharge) Act, 1954. Ext.P3 is the copy of the Registration Certificate in favour of the petitioner's grandfather. There is a partition by the grandfather and the property was allotted to the share of his father, Shri M. P. Veerendrakumar who is a former Minister. Petitioner's father also paid tax under the Kerala Plantation Additional Tax Act, 1950. There is reference to a Partition Deed No. 1639 of 1972 by which there was a partition among the members of the branch of the petitioner's father (Ext.P5). From the date of the Partition Deed, the property is in the possession of the petitioner. Petitioner has improved the property further, paid taxes and other dues to the Government. It is stated that in regard to the present property, petitioner has requested for assignment which is not granted. There is also reference to the petitioner being in possession of land of about 48.18 Acres with lands lying adjacent to the present property. It is alleged that the petitioner moved a Review Petition before the Minister for Revenue which is pending consideration, and the matter has not attained finality. Petitioner filed OS.No.142 of 2007 for declaration of title and injunction. Ext.P6 is the interim order passed. Still further, there is reference to the relationship between the petitioner and his father and a section of the leadership of the LDF becoming strained due to political developments. It is alleged that a demand emanated from the local activists of the CPI (M) that the land in possession of the petitioner and his father should be dispossessed and distributed among the adivasis. It is stated that the petitioner and his father had to leave the LDF along with his entire party, Janata Dal (S). His detractors incited the adivasis to move this Court by filing Writ Petition No.3195 of 2007 seeking re-possession of the land in the possession of the petitioner. That Writ Petition was dismissed. Against that, Writ Appeal No.348 of 2008 was filed. Without affording an opportunity of hearing to the petitioner, it was disposed of directing the official respondents to take effective steps to re-possess the land if the petitioner is in illegal possession. Petitioner filed a Review Petition. It was alleged further that the Local Secretary of the CPI (M) and the M.L.A. representing Sulthan Bathery Constituency, suddenly, started a movement clamouring that the land which is the subject matter of a civil suit and the Review Petition before this Court be handed over to adivasis for erection of huts and a march was held to seize the land by force. There are allegations against the District Collector in regard to the installation of a Board showing that the property is Government pro