Shaffique, J.

1. Appellants in W.A.No.1721/2009 are State of Kerala and its officers who were arrayed as respondents before the learned single Judge. First respondent herein was the writ petitioner.

2. Writ petition came to be filed seeking quashing of Ext.P1 dated 18/07/2007 issued by the District Collector, Idukki. Under Ext.P1, District Collector ordered taking over of 2.84 acres of land in Sy.Nos.84/1/1 and 84/1/2 of Pallivasal Village in Devikulam Taluk along with the constructions thereon by the Government. The relief sought in the writ petition was to restore possession of the aforesaid land to the writ petitioner.

3. Writ petitioner, a partnership firm, substantiated their contention based on title contending that land was assigned to their predecessor-in-interest under Cardamom Rules (Travancore) of 1935 (hereinafter referred as 1935 Rules') and a patta was issued under the said Rules. According to the writ petitioner, action of Government in taking over the said land invoking the said provisions was not sustainable as the said Rules were no longer in force.

4. According to respondent State, patta said to have been issued under 1935 Rules was never produced, t