IMPORTANT POINT
The petitioner cannot question the allotment of land to the Police quarters. In regard to the right of the petitioner to question the allotment based on his claim under S.85(8) of the Act has attained finality by the orders of this Court rejecting his claim. Therefore, from that moment, the petitioner’s right is foreclosed to challenge the allotment of the land

JUDGMENT :

This Writ Petition was filed seeking the following reliefs:

(i). Call for the records leading to the order passed by the Police Department by G.O.(Rt) No.747/1987 dated 14.05.1987 and Order No.B5 46329/87 dated 21.07.1987 of District Collector, Thrissur, and issue a writ of certiorari or any other writ, order or direction, quashing the same.

(ii). Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 5th respondent, District Collector, Thrissur, to produce order, G.O.(Rt) No.747/1987 dated 14.5.1987 and Order No.B5 46329/87 dated 21.07.1987.

(iii). Declare that the action of the District Collector in assigning the land for police department is contrary to the provisions under S.96(1)(ii)(a) of the Land Reforms Act and hence ab initio void,

(iv). Pass such other appropriate writ, order or direction as the Hon’ble court may deem fit and proper in the facts and circumstances of the case,

(v). Award costs.

2. The matter is related to allotting a land by the Government for the Police Department. This land, admittedly, a land surrendered pursuant to the ceiling proceedings initiated under the Kerala Land Reforms Act, 1963 (for short, the ‘Act’). The petitioner’s father late Padikkala Anthappan was the declarant. According to the petitioner, the land surrendered under the Act after determination of the ceiling can be used only for the purpose as contemplated under S.96 of the Act.

3. Before going into the merits of the case, it is appropriate to refer certain factual matters which may be required for the disposal of the case. The petitioner has a case that the land which is now the subject matter of the dispute was gifted to him by his father. The petitioner raised a claim invoking S.85(8) of the Act before the Taluk Land Board. This was not considered. This matter was taken up before this Court in W.P.(C) No.26923/2004. That matter was heard along with a Revision Petition filed by the petitioner. This Court disposed both cases by common judgment dated 14.07.2010.

4. The petitioner had raised a contention that the land was allotted in violation of S.96 of the Act. After adverting to the contention, this Court directed the Taluk Land Board to consider whether the petitioner is entitled to restoration of the land or not. The Taluk Land Board in its order dated 07.12.2010 rejected the petitioner’s claim. The petitioner took up the matter before this Court in C.R.P. No.112/2011. This Court affirmed the order of the Taluk Land Board. That means, the petitioner’s claim for restoration has been repelled. Thereafter, the petitioner filed a Review Petition before this Court. This Court had not considered the allotment of land to the Police Department. The Review Petition was disposed of by this Court on 21.11.2014 holding that there was no pronouncement on merits in regard to the challenge laid as against the order of the Government allotting land to the Police Department. This is how, the petitioner approached this Court by this Writ Petition challenging the allotment of the land to the Police Department.

5. The order of allotment is purportedly as per the Government Order, G.O.(Rt) No.747/1987 dated 14.5.1987. The District Collector also passed certain orders consequent upon the allotment of the land. These orders were not made available before this Court. It appears that these files and orders are missing. The fact now remains that the land has been allotted to the Police Department. It is in this background, the question has to be examined in this Writ Petition. S.96 of the Act contemplates the assignment of lands by the Land Board. The said Section reads thus:

96. Assignment of lands by Land Board.-- [(1) The Land Board shall assign on registry subject to such conditions and restrictions as may be prescribed, the lands vested in the Government under Section 86 or Section 87, as specified below:

(i) the lands in which there are kudikidappukars shall be assigned to such kudikidappukars;

(ii) the remaining