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2021 Supreme(Online)(KER) 44855
HIGH COURT OF KERALA
S.MANIKUMAR, CJ, SHAJI P.CHALY, J
FR. ROBIN – Appellant
Versus
STATE OF KERALA – Respondent
WP(C)/8083/2018
SRI.A.C.DEVASIA, SMT.ANCY MATHEW, SRI.MATHEW DEVASSI, SRI.S.RENJITH, SANDESH RAJA.K.
The court affirmed that land pattas must be issued based on established rights of occupancy under law, taking precedence over administrative inconsistencies.
Headnote:
Land - Public Interest Litigation - Kerala Land Assignment Special Rules - Article 1, 5, 6 - This judgment reflects the court's interpretation of the Kerala Land Assignment (Regularization of Occupants of Forest Lands prior to 1.1.1977) Special Rules, emphasizing the necessity for District Collectors to consider and issue land pattas as per established directives.
Fact of the Case:
The petitioners, residents of Manikandanchal, sought issuance of land pattas under the Kerala Land Assignment Special Rules, supported by joint verification records. They argued for the recognition of their long-standing occupation of the land, despite administrative roadblocks citing improper designation in records.
Issues: The primary issue was whether the residents of Manikandanchal were entitled to receive land pattas under the Kerala Land Assignment laws, especially in light of previous administrative and legislative actions.
Ratio Decidendi: The court held that the longstanding occupancy prior to 1977 justified the issuance of land pattas under relevant rules, affirming the need for adherence to government orders and previous court judgments directing land assignment.
Final Decision: The writ petition is disposed of with a directive to the District Collectors to consider and finalize patta applications promptly.
JUDGMENT
Dated this the 25th day of August 2021 S.MANIKUMAR, C.J.
This public interest writ petition is filed with an intention to protect the interest of the agriculturists and settlers in Manikandanchal for getting patta under the Kerala Land Assignment (Regularization of occupation of forest land prior to 1.1.1977) Special Rules, 1993 as per Exts.P1/joint verification list and P2/list of present occupants prepared on the basis of joint verification. Reliefs sought for in this writ petition are as follows:
“i) issue a writ of mandamus or any other appropriate writ, order or direction to the respondents 1, 3, 5 and 6 to take immediate steps to issue patta to the settlers in Manikandanchal as per Ext.P1 and P2 on the basis of the Kerala Land Assignment (Regularization of Occupants of forest lands prior to 1.1.1977) Special Rules, 1993.
ii) to declare that as per Ext.P1, the settlers in Manikandanchal area is entitled to get patta for their properties.
iii) to issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents 1, 2, 5 and 6 to take immediate steps to delete the word hill men settlement from the resurvey records in respect of the Ext.P1 properties.
iv) to issue a writ of mandamus or any other appropriate writ, order or directions directing the respondents 1, 3 and 5 to consider P7 representation.”
2. According to Mr.A.C.Devasia, learned counsel for the petitioners, it is evident from Ext.P1 joint verification list obtained under Right to Information Act on 1.7.2013 issued by the Tahsildar, Kothamangalam that joint verification was conducted by the Revenue and Forest Department in Manikandanchal and Kallelumedu area. Since 1968, agriculturists and other persons are residing in the said area and they are holding two cents to two acres of properties.
3. Learned counsel for the petitioners contended that after the completion of the resurvey, the properties are described in the revenue records as hill men settlement area. Therefore, as per Ext.P4, the 5th respondent/Tahsildar, Kothamangalam has stated that, it is not able to initiate land acquisition proceedings in respect of Ext.P1 properties. But as per Ext.P5 Government Order, the 1st respondent has directed the authorities to issue patta in favour of both hillmen and non-hill men on the basis of the present occupation. Ext.P5 order is passed pusuant to the judgment of this court - 1970 KLT 1069 in Eacharan Ittiyathi vs. State of Kerala . It is also evident from Ext.P6 that pursuant to Ext.P5, the District Collector, Idukki has issued directions to the Special Tahsildar, Idukki and patta was issued to the land holders. Therefore, as per law there is no hindrance to issue patta to the Ext.P1 property holders under Kerala Land Assignment (Regularization of Occupants of forest lands prior to 1.1.1977) Special Rules, 1993. Hence this writ petition.
4. Though a detailed counter affidavit has been filed, referring to Ext.P9 Government Order issued by the Revenue Department dated 27th April, 2017 Mr.S.Renjith, learned Special Government Pleader submitted that orders have been issued to assign pattas in respect of lands in possession of Scheduled Caste and Scheduled Tribes and other private persons in Idukki, Pathanamthitta, Kottayam and Ernakulam districts subject to the provisions of the Kerala Land Assignment Rules, 1964. For brevity, said Government Order dated 27.4.2017 is extracted below:
KERALA GOVERNMENT BRIEF As per the Land Assignment Rules, 1964 those lands which are recorded as dry land and wet land in revenue records and those lands which are situated outside the Forest Juntas in Idukki, Kottayam, Pathanamthitta and Ernakulam Districts is hereby orders to be assigned to Schedule caste/Schedule Tribe including private persons.
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Revenue (R) Department G.O(Ordinary) No.2020/2020/R. Dated, Thiruvananthapuram 27.04.2017 Reference: 1. G.O(Ordinary) No.2023/2017/R
