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 upheld.

JUDGMENT

Muralee Krishna S., J.

The petitioner claiming himself as a resident of Mankulam Village of Idukki District, filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents to complete the survey and demarcation of the assignable plots mentioned in Ext.P5 order dated 20.04.2016 in HRMP No.3939 of 2016 of the Kerala State Human Rights Commission, Thiruvananthapuram, and to declare that the petitioner is eligible and entitled to get surveyed the assignable plot mentioned in Ext.P5.

2. According to the petitioner, he has been included in Ext.P7 list of eligible claimants for getting assignment of property under the Kannan Devan Hills (Resumption of lands) Act, 1971 (‘KDH Act’ for short). The petitioner states that in an identical matter, this Court rendered Ext.P1 judgment dated 12.10.2018 in W.P.(C)No.33394 of 2018, fixing four months' time to complete the survey work of assignable plots as a condition precedent to grant patta to eligible claimants. In pursuance to Ext.P1 judgment, the District Collector has issued Ext.P2 order dated 01.02.2019 setting apart survey personnel to complete the work. Thereafter, the Tahsildar concerned has issued Ext.P3 action plan fixing 29 days for survey demarcation work. However, the concerned survey officials are sleeping over the aforesaid action plan, even though the cost of survey materials mentioned therein had been given to the surveyors and they have apportioned the same. It is also the case of the petitioner that another eligible claimant approached the State Human Rights Commission and obtained Exts.P4 and P5 orders dated 27.06.2016 and 20.04.2016, respectively, in his favour. The petitioner further alleges that the local leaders of the ruling political parties are the miscreants who are holding acres of land in the name of their benamies obtained from the eligible claimants. As per the KDH Act, such benamy holders will not get patta in their favour, and therefore, they want to delay the process and enrich from the failures of the Government officials. While upholding the KDH Act, the Apex Court safeguarded the position of eligible claimants and directed the State Government to grant patta as per the scheme of the Act, and any violation has been interdicted.

3. The 2^nd respondent filed a counter affidavit dated 11.11.2019, opposing the reliefs sought for in the writ petition and producing therewith Exts.R2(a) to R2(i) documents. To that counter affidavit, the petitioner filed a reply affidavit dated 29.08.2019, producing therewith Exts.P8 and P9 documents. Thereafter, along with I.A.No.1 of 2022, the petitioner has produced Exts.P10 to P17 documents. Along with a memo dated 21.11.2022, the learned Senior Government Pleader produced a copy of the provisional list and final list of eligible persons prepared for the purpose of assigning the land. Thereafter, along with I.A.No.1 of 2023, the petitioner has produced Exts.P18 to P21 documents.

4. The writ petition was subsequently listed before the Division Bench dealing with matters relating to land in the Munnar Region, based on the orders of the Hon’ble the Chief Justice dated 03.04.2025, on the administrative side.

5. On 07.07.2025, when this writ petition came up for consideration, this Court directed the petitioner to file an application to implead the State of Kerala, represented by the Principal Secretary to the Government, Revenue Department, Government Secretariat, Thiruvananthapuram-695 001, as an additional respondent. Subsequently, on the application of the petitioner, additional respondents 4 and 5 were impleaded in the writ petition.

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