Land title legitimacy is a prerequisite for receiving rehabilitation funds under government-sponsored housing schemes.

J U D G M E N T

Petitioners who were rendered homeless and landless in the flood of 2018, have filed this writ petition seeking a direction to the respondents to proceed with Ext.P9 proceedings complaining that the Tahasildar is going back from the findings in Ext.P9 with respect to the land already identified for their rehabilitation and they are being compelled to find out other land.

2. Consequent to the devastating flood of 2018, the Government issued various orders for the rehabilitation of those affected by the natural calamities, providing funds from the Chief Minister's Distress relief Fund (CMDRF). As per Ext.P1 order dated 10.10.2018 Government ordered that a sum of rupees Six Lakhs would be sanctioned for payment to those who lost their houses as well as the land and who are not having any land suitable for construction of residential buildings. It was also ordered that the District Collectors have to find out the people living in ecologically sensitive areas and to formulate a scheme for identifying those who are residing in such areas which are prone to landsliding and rehabilitate them in safe and secure places. In that process the amount to be payable to such families for purchasing the land and thereafter for construction of homestead in it and the procedure to be followed were provided in Exts.P2, P3 and P4 orders. A sum of Rs.6 lakhs was thus admissible for payment to such the land less people like petitioners for purchase of land and for construction of residential houses. It is stated that a sum of Rs.50,000/- would be given for purchase of land having an extent of 3 cents and Rs.5.5 lakhs would be deposited from the CMDRF for construction of residential building, after observing the requisite formalities. Petitioners claim that they had identified land for purchase and were included in the list of eligible persons for payment of compensation.

Petitioners had thereafter entered into an agreement like Ext.P8 on 16.09.2020 for purchase of property. Based on that the 3rd respondent-the Tahasildar- had forwarded Ext.P9 report dated 07.10.2020 recommending sanction of a sum of Rs. 6 lakhs to persons like petitioners. Petitioners pointed out that the then Tahasildar had already recommended the property identified by the petitioners. It was stated that the property having an extent of the 3 Acre 50 cents covered by document No.873/1965, was identified for 40 landless people including petitioners. In Ext.P9 report the Tahasildar found that though the said land originally belonged to a person belonging to the Scheduled Tribe, since the extent of property involved was only 2 hectares, exemption would be available for purchase of the property under the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act , 1999. In this note the Tahasildar had stated that the land originally belonged to one Mr.Mallan S/o of Krishnan and that he had alienated only an extent of 3.5 Hectares of land. It was therefore stated that it is permissible under the Act. The then Tahasildar therefore recommended release of the admissible amount of Rs.6 lakhs each from the CMDRF to the 40 persons for the purpose of purchase and construction of house building under the Rebuild Kerala Scheme. The writ petition was filed stating that steps were initiated for cancelling the proceedings covered by Ext.P9 by the Tahasildar who has newly taken charge. Petitioners stated that he was raising unnecessary objections which results in delaying the process resulting in very serious prejudice to the petitioners who have been in the long drawn battle.

3. The 3rd respondent filed a statement according to which the property which was identified and referred to in Ext.P9 was in the joint possession of Sri. Kunjammu and Sri.Mammad Eranniyan comprised in Sy.No.609/1 in Agali Village of Munnarkad Taluk covered by document No.79/94. It is stated that the original owner of the land is Mallan S/o.Krishnan who belonged to Scheduled Tribe and he h