IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 12544 of 2002(R)
1. RATHINAM W/O.LATE MOSES,AGED 35 YEARS
... Petitioner
2. G.RAJKUMAR S/O.GURUSWAMY,MUNNAR COLONY,
3. J.PAUL; S/O.JAYARAJ,MUNNAR COLONY,
4. R.KARUNA NITHY S/O.RAMIAH,MUNNAR COLONY,
5. V.ANANTHASELVI W/O.RAMESH KUMAR,
Vs
1. STATE OF KERALA TO BE REPRESENTED
... Respondent
2. THE DISTRICT COLLECTOR,IDUKKIM DISTRICT,
3. THE REVENUE DIVISIONAL OFFICER,
4. THE TAHSILDAR,DEVIKULAM TALUK,
For Petitioner :SRI.VARGHESE N.M.
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :28/07/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J.
....................................................................
O.P. Nos.12544 & 6666 of 2002
....................................................................
Dated this the 28th day of July, 2009.
JUDGMENT
The two connected O.Ps. are filed by holders of small extent of land
for assignment by the Government. Land is in Munnar which is KDH
Village where Land Assignment Act is not applicable. However, according
to the petitioners, Section 9 of the Kannan Devan Hills (Resumption of
Lands) Act, 1971 provides for assignment of land to agriculturists,
agricultural labourers etc. The petitioners claim to be agricultural labourers
occupying 3 to 5 cents of land wherein they are residing. Government
Pleader submitted that the land occupied by the petitioners is required for
construction of quarters for Government officers. However, he has not
stated why the Government permitted encroachment of the land and setting
up of houses by these people. Even if petitioners are encroachers, it is seen
that Government has not taken any steps to remove any encroacher from
Government land. In fact it is the policy of the Government to assign land
to the landless atleast for construction of house. This court has noticed that
Government has taken steps to conduct enquiry about bogus pattas issued in
the Munnar area. On conclusion of those investigations, position will be
2
clear to the Government as to the area covered by bogus pattas and the land
available to the Government for assignment and other purposes. If
petitioners are landless people, then certainly they are entitled to
assignment, if not the land presently occupied by them. In the
circumstances, these O.Ps. are disposed of directing the District Collector to
conclude all the investigations in respect of bogus pattas and other enquiries
pending in the area and as soon as possible consider petitioners’ eligibility
for assignment of land presently occupied by them or any other land in the
area. In any case petitioners should not be removed without considering
their eligibility for assignment, if they are residing there. In other words,
under cover of this judgment none of the petitioners should be allowed to
encroach over any Government land, if they are not staying there.
C.N.RAMACHANDRAN NAIR
Judge
pms