Important points:
In exercise of the powers conferred by Section 7 of the Kerala Land Assignment Act, 1960 (Act 30 of 1960), and in supersession of the rules for assignment of Government lands issued notifications I and II GO. (Press) No.1029/Rev. dated 18/10/1958 published in the Kerala Gazette Ordinary No.107, as subsequently amended, Government of Kerala made the Kerala Land Assignment Rules, 1964

JUDGMENT :

S. Manikumar, J.

This intra court appeal is filed against the judgment passed by a learned single Judge of this Court in W.P.(C) No.1051 of 2020 dated 29.06.2020, by which, the writ petition was dismissed, by observing that there is no scope for interference with the proceedings impugned therein; that if the civil suit is pending, the petitioner is free to seek any relief against the property; and that the parties are bound by the orders to be passed by the civil court in that regard.

2. Facts leading to the filing of instant appeal are that by Exhibit-P1 proceedings of the Tahsildar (Land Survey) dated 28.04.2018, issued under Section 12 of the Kerala Land Conservancy Act, 1957, appellant/writ petitioner, who was in unlawful possession of 6.58 cents of land in R.S. No.72 of Nadapuram Village, was directed to vacate the said land, alleging that it is the property of Government, under Section 3 of the Kerala Land Conservancy Act, 1957. Relying on Exhibit-P2 partition deed of the year 1958, in which the property was stated to be allotted to his father, appellant denied the allegation that he is in unlawful possession of the said property. Apart from Exhibit-P2 deed, he has also relied on Exhibit-P3 judgment in O.S. No.87 of 1982 of the trial court accepting title, Exhibit-P4 judgment in A.S. No.8/1991 dated 18.09.1991 of the lower appellate court, Exhibit-P5 judgment in S.A. No.584/1992 dated 25.01.1993 of this Court, Exhibit-P6 Commissioner's plan in O.S. No.82/1987, Exhibit-P7 Commissioner's report dated 26.10.1983 in a suit identifying the land in question, Exhibit-P8 revenue resettlement register of the land, Exhibits-P9 to P12 land tax receipts dated 23.11.1987, 23.11.1987, 24.10.1966, 23.10.1979 and 26.11.1980, to show that his unlawful occupation of the land now asked to be vacated.

3. Appellant has further stated that the appeal filed against Exhibit-P1 proceedings of the Tahsildar (Land Survey) was dismissed by Exhibit-P13 order, by the Revenue Divisional Officer, Kozhikode, respondent No.2, dated 26.11.2018. Though he has filed revision against Exhibit-P13 order, the same was also dismissed, as per Exhibit-P14 order dated 12.05.2019 by the District Collector, Kozhikode, respondent No.3. Against Exhibit-P14 order, appellant approached the Land Revenue Commissioner, Thiruvananthapuram, respondent No.4, which resulted in Exhibit-P15 order dated 14.10.2019.

4. Being aggrieved by Exhibits-P1, P13 to P15 orders, the appellant has filed W.P.(C) No.1051 of 2020 for the following reliefs:

i. issue a writ of certiorari or any other writ, order or direction, quashing Exhibits-P1, P13, P14 and P15 orders;

ii. issue a writ of mandamus or any other writ, order or direction, directing the respondents not to dispossess the petitioner from the land on the basis of Exhibit-P1 order; and

iii. issue a writ of mandamus or any other writ, order, or direction, directing the respondents to restore possession, in case of dispossession, based on Exhibit-P1 proceedings.

5. Before the writ court, Junior Superintendent, Vatakara Taluk Office, on behalf of respondents 1 to 3, has filed a counter affidavit, wherein it was contended as follows:

A) The property having an extent of 6.58 cents of land in Resurvey No.72 (old Survey No.23/5) of Nadapuram Village is the absolute property of the Government. Total extent of the said property in Re-survey No.72 is 34 cents. The said property is recorded as “Thodu” in the revenue records, as evident from Exhibit-R1(a), relevant page of Resettle Adangal on the file of the Village Office, Nadapuram, and Exhibit-R1(b) relevant page of Settlement Register. The Village Officer, Nadapuram, submitted a report in Form No. A to the Tahsildar, Vatakara, stating that the petitioner has illegally trespassed into the Government property, referred to above and recommended action under the Kerala Land Conservancy Act, 1957.

(B) On receipt of the report received from the Village Officer, in Form No.A, the Tahsildar, Vatakara