Eligibility for land assignment under fraudulent pretenses does not constitute lawful possession, warranting dismissal of claims.

JUDGMENT

Muralee Krishna, J.

These writ petitions are filed by the respective petitioners, under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the 2^nd respondent District Collector, to consider their applications for assignment of land in Kannan Devan Hills Village and other ancillary reliefs.

2. On 07.04.2016, when W.P.(C)No.13989 of 2016 came up for admission, this Court granted an order of status quo for a period of two months. The petitioner was further directed not to cut and remove any trees from the property, and shall not undertake any construction. That interim order was extended from time to time.

3. On 18.09.2018, when W.P.(C)No.28756 of 2018 came up for admission, this Court granted an interim order that in case the petitioners are able to establish that they are continuing in possession of the property in accordance with the possession certificate, their possession shall not be disturbed for two months.

That interim order was also extended from time to time.

4. On 28.12.2018, when W.P.(C)No.42572 of 2018 came up for consideration, an interim order was granted by this Court to maintain the status quo with a condition that the petitioner shall not cut and remove any trees or undertake any construction. That interim order was also extended from time to time.

5. In W.P.(C)No.28756 of 2018, the 2^nd respondent District Collector filed a counter affidavit dated 10.07.2019, producing therewith Exts.R2(a) and R2(b) documents. In W.P.(C)No.42572 of 2018, the 3^rd respondent Tahsildar, filed a counter affidavit dated 15.07.2019, producing therewith Exts.R3(a) to R3(c) documents.

6. On 06.08.2019, when these writ petitions came up for consideration, this Court passed the following order;

"These writ petitions were filed seeking a declaration that the petitioners are eligible to get the residential property in KDH village. They appear to have filed applications for assignment as early as in 1993, 1994, 2004 etc. As seen from the applications for assignment itself, these applications were printed in the Government Press in 2008. It is not discernible how these petitioners have submitted the applications much before the application forms were printed. It appears that some land grabbing Mafia are making an attempt to get the land by taking the petitioners as tools to achieve their desires.

A thorough enquiry is necessary in this regard by a team constituted by the District Collector. It has to be found out whether any of the revenue officials are also involved. The pattern adopted by the Mafia team is one and the same, making antedated applications to make it believe that the petitioners are in possession for a long time. Nature of possession, period of possession and any other matter related shall be enquired into. This is a serious matter to be addressed by the Government as well. The District Collector shall constitute a team and file a report before this Court."

7. On 07.11.2019, when these writ petitions came up for consideration, this Court passed the following order;

"Pursuant to the order dated 06.08.2019 of this Court, a report has been submitted by the District Collector. The said report is seen addressed directly to the Registrar of the High Court of Kerala and not routed through the office of the Advocate General. While directing the Registry to furnish a copy of the report to the office of the Advocate General, I feel it would be in the interest of the office of the Advocate General to cause a circular to be issued to all the Revenue authorities in the State, directing that any report called for by the Court should necessarily be routed through the office of the Advocate General and not sent directly to the Registrar of the H