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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S., JJ
R. Selvapackiam S/o Raj – Appellant
Versus
State of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
1. This writ petition is filed by the petitioners under Article 226 of the Constitution of India seeking the following reliefs:
(i) Issue an appropriate writ, order or direction against respondent nos. 2 and 3 to consider and pass appropriate orders on Exhibit P7 representation submitted by the petitioners after notice and hearing within a time frame.
(ii) issue a writ of mandamus directing the respondents not to dispossess the petitioners from their house plots during the pendency of the proceedings.”
2. Going by the averments in the writ petition, the petitioners were residing at Anthoniyar Colony wherein heavy landslide happened on 25.07.2005 and thereafter it was resolved by the Government to rehabilitate the families in Anthoniyar Colony in another suitable place in the village. Subsequently, in the year 2008 by virtue of Ext.P1 order dated 20.11.2008, the Government has earmarked house plots in survey No.912 of Munnar Village wherein the petitioners’ eligibility is declared in first schedule. Accordingly, the petitioners have house plots in survey No.912 of Munnar Village and the 1st petitioner constructed a house in the place allotted to him. The pe
The court ruled that claims for land assignment must adhere to statutory provisions, and existing possession does not confer entitlement under the Kannan Devan Hills Act.
The court ruled that the petitioner failed to establish a legal right over the property, and eviction must follow due process under the Land Conservancy Act.
The court ruled that the petitioners failed to prove their possession of land and that the authority to assign such land lies with the District Collector under the Kannan Devan Hills Act.
The court affirmed that only the District Collector has the authority to assign land under the Kannan Devan Hills Act, rendering any patta issued by an unauthorized officer invalid.
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 ....
A writ of mandamus requires a legal right and statutory duty, and cannot be issued contrary to law.
The court emphasized that land assignments must adhere to statutory procedures, and unauthorized occupation does not confer legal rights.
The court upheld that construction permits are mandatory and necessitated an inquiry into the petitioner's property title under the KDH Act before addressing eviction disputes.
The 12-year restriction on alienation of assigned land applies from the date of patta issuance, not the original assignment date, due to non-payment of dues.
A writ of certiorari cannot be issued to enforce rights under repealed rules; legal rights must be based on current statutory provisions.
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