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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Thevan Thankachan [Expired] S/o. Thevan – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioners assigned land in chinnakanal (Para 2 , 3 , 4 , 5 , 6) |
| 2. petitioners' counsel argues for assignment (Para 7) |
| 3. government's stance on prior assignments (Para 8) |
| 4. court's view on petitioners' claims (Para 9) |
JUDGMENT :
These writ petitions are filed under Article 226 of the Constitution of India by the petitioners in the respective writ petitions seeking various reliefs pertaining to the properties occupied by them at Venkayappara Tribal Settlement in Anaviratty Village of Idukki District. In W.P.(C)No.12982 of 2022 the petitioners are seeking a writ of certiorari to quash Ext.P8 notice dated 10.02.2022 issued by the Tribal Development Officer, Adimaly, directing the deceased 1st petitioner therein to occupy the 1 Acre of property allotted to him in Chinnakanal Village and Ext.P9 letter dated 25.02.2022 issued by the Additional Chief Secretary to the Government to the 1st petitioner informing him that the Government have no authority to consider the revision filed by him under the Kerala Land Assignment Rules, 1964 and also seeking a writ of mandamus commanding the 1st respondent State of Kerala to consider and pass appropriate orders on Ext.P7 revision
The court ruled that petitioners cannot claim land assignment rights over properties not designated for assignment under the Kerala Land Assignment Act, despite previous assignments.
![Thevan Thankachan [Expired] S/o. Thevan VS State of Kerala - 2025 Supreme(Ker) 271](https://supremetoday-s3.b-cdn.net/Kerala_2.png)
The court ruled that petitioners cannot claim land assignment rights over properties not designated for assignment under the Kerala Land Assignment Act, despite previous assignments.
Land in tribal settlement areas cannot be assigned under the Land Assignment Act, and agreements lacking proper title are invalid.
A writ of mandamus requires a legal right and statutory duty, and cannot be issued contrary to law.
When there are two competing claims, one rooted in public interest and another relates to the protection of the rights of the individual, the cause of the public interest must be considered as overwh....
The court ruled that eviction of Scheduled Tribe individuals from their homes in scheduled areas, based on illegal proceedings, violates the Land Transfer Regulation.
The court ruled that procedural fairness requires an opportunity for the Petitioner to contest against unjust limitations on land assignment rights.
Under the Kannan Devan Hills Act, mere inclusion in an eligibility list does not confer the right to land assignment without adequate proof of claims, and procedural correctness in rejection must be ....
Point of law: Petitioners cannot be deprived of their right to property when the assignment had been given by the authority with their eyes wide open. After allowing the petitioners to enjoy the land....
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