Land in tribal settlement areas cannot be assigned under the Land Assignment Act, and agreements lacking proper title are invalid.

JUDGMENT :

Muralee Krishna, J.

This writ petition is filed by the petitioner under Article 226 of the Constitution of India seeking the following reliefs;

’’i) issue a Writ of certiorari or any other appropriate Writ order quashing Exts.P9, P10, P11 and P12.

ii) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 4, 5, 6 and 7, not to interfere with the possession of the petitioner over the property covered by Ext P2.’’

2. According to the petitioner, he is a permanent resident at Chinnakanal Village of Udumbanchola Taluk in Idukki District. He is a member of Scheduled Caste and has no residential building of his own. He is in possession of 5 cents of land in Sy. No.34/1 of Chinnakanal Village. The property was originally occupied by one Kurishuhumathu, who had resided in the property along with his family for decades together. After the death of Kurishuhumathu, his wife and children submitted Ext.P1 and P1(b) applications dated 06.12.2010 for assignment of land. The 5 cents of property now in the possession of the petitioner was handed over to him on the basis of Ext.P2 agreement dated 25.04.2019 executed between the petitioner and the children of Kurishuhumathu. On the application of the petitioner, he was included in the beneficiary list of the Kerala Government Life Mission Housing Scheme as per Ext.P3 list approved in the meeting dated 20.12.2019 of the 5^th respondent Land Assignment Committee. On 09.03.2020, the 6^th respondent Grama Panchayath issued Ext.P4 no objection certificate for carrying out the construction of the house in the property possessed by the petitioner and had disbursed an amount of Rs.40,000/- being the 1^st installment for house construction. While so, on 20.04.2020 respondents 8 to 11 trespassed into the property and attempted to prevent the construction. The petitioner was then constrained to file OS No.79 of 2020 before the Munsiff Court, Devikulam seeking a permanent prohibitory injunction against respondents 7 to 11. An interim injunction was granted in favour of the petitioner as per Ext.P6 order dated 22.05.2020 passed in the said suit. On the basis of a complaint filed by the aforesaid respondents, the Village Officer, Chinnakkanal issued Ext.P7 order dated 02.06.2020 directing the petitioner to stop the construction. By issuing Ext.P8 notice dated 02.06.2020, a hearing was conducted by the 4^th respondent Tahsildar. After enquiry, the 4th respondent Tahsildar, being the convenor of the 5^th respondent Land Assignment Committee passed Ext.P9 order dated 12.06.2020, cancelling the permission granted to the petitioner as per Ext.P3. Based upon the same, the 6^th respondent had canceled the building permit issued to the petitioner and it was intimated to him as per Ext.P10 order dated 18.06.2020. Apart from that the 6^th respondent issued Ext.P11 notice dated 18.06.2020, demanding the petitioner to demolish the construction carried out in the property. As per Ext.P12 notice dated 24.06.2020, the 6^th respondent directed the petitioner to refund the sum of Rs.40,000/- which was already disbursed to him as financial assistance for construction of the residential building. On the basis of a communication issued by the 7^th respondent Tribal Extension Officer, the 5^th respondent arrived at a conclusion that the property possessed by the petitioner is a tribal settlement area. In fact, before granting permission to the petitioner to construct the building, the Taluk Surveyor had submitted Ext.P13 report before the 5^th respondent on 20.09.2019 specifically mentioning that the property is situated in Re-sy. No.183/2 in Block No.8 and the same is Government Puramboke as per the basic tax registe