Pending consideration of land assignment applications affects eviction orders under the Kerala Land Conservancy Act.

JUDGMENT

Since similar contentions are raised in these writ petitions, they are heard together and disposed of by a common judgment.

2. Essentially, the petitioners challenge the proceedings initiated as per the provisions of the Kerala Land Conservancy Act , 1957 seeking to evict the petitioners from the Government land alleging that they have unauthorisedly encroached upon the same. The contention of the petitioners is that the petitioners have submitted applications for assignment of land before the 4^th respondent-Tahsildar, namely, Ext.P1 in WP(C) No.5159 of 2021 and Ext.P6 in WP(C) No.5160 of 2021, which are stated to be still pending consideration. The petitioners submit that in respect of a similarly situated person, a favourable order has been issued by the District Collector vide Ext.P5 order produced in WP(C) No.5160 of 2021 considering the indigent circumstance of the applicant and her eligibility for availing Government land on assignment, the encroachment made by constructing a dwelling house was ordered to be regularised by assigning the said land to the applicant therein and directed the applicant to approach the authority for assignment of the land with minimum extent for the house and way. Petitioners submit that following the said order, in case of a similarly situated person, this Court has interfered and as per Ext.P7 judgment in WP(C) No.21500 of 2015, relief has been granted.

Paragraph 3 of the said judgment reads as follows: “3. In the light of regularization order already granted, this Court is of the view that eviction order ought not have been issued against the petitioner without finalization of proceedings under regularization. Accordingly, the following orders are issued:

1) Impugned orders are set aside.

2) The District Collector shall complete the exercise of regularization for assigning the land to the petitioner within a period of three months from the date of receipt of a copy of this judgment.

3) If the petitioner is in occupation of any land in excess of land referred in Ext.P5, the respondents are free to proceed against the petitioner in terms of the Kerala Land Conservancy Act .

4) Till the entire exercise is completed as above, status quo as on today shall be maintained.”

3. The learned Counsel for the petitioners submit that they are similarly situated to the applicant in Ext.P5 as also the petitioner in WP(C)

No.21500 of 2015.

5. Heard the learned Government Pleader as well.

6. It is a fact that the applications seeking assignment are pending consideration before the 4^th respondent-Tahsildar. Therefore, these writ petitions are disposed of with the following directions:

(i) The 4^th respondent-Tahsildar shall consider Ext.P1 application filed by the petitioner in WP(C) No.5159 of 2021 and Ext.P6 application in WP(C) No.5160 of 2021 and pass orders on them in accordance with law, within an outer limit of six months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioners.

(ii) In case if it is found that the petitioners are similarly situated to the person in Ext.P5 order and the petitioner in WP(C) No.21005 of 2015, necessary orders shall be passed by the 4^th respondent granting assignment of land.

(iii) Till a decision is taken as directed above, the interim order granted in these cases will continue.

Sd/-