Njanasekhar, vs State of Kerala,

Type Court Judgment Court Kerala Decided Mar 11, 2025

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https://sooperkanoon.com/case/1282021

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Citation: sooperkanoon.com/1282021
Court: Kerala High Court
Judge: Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice Muralee Krishna S.
Decided On: Mar 11, 2025
Case Number: WP(C)/18172/2019
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Njanasekhar,

Respondent

State of Kerala,

Excerpt

.....in the land. there is no other mode of assignment of land prescribed other than through preparation of assignment list as preferable under rule 6 of the special rules, 1977 and by conducting enquiry as referred under rule 7 of the special rules, 1977. if no claims or objections were raised, when the list is prepared, no assignment of land can be claimed thereafter. it is to be noted that the rule 7 of the special rules, 1977 is intended only to regularise the occupation of the land as on 01.01.1977 and not to regularise any occupation of land after 01.01.1977. in view of the fact that, absolutely there is no material for the district collector to hold that the petitioners were in occupation of the land prior to 01.01.1977 and also in the absence of any objections or claim raised at the time of preparation of land, there is no merit in this writ petition and the writ petition is accordingly dismissed.the district administration is directed to take over the land from the petitioners immediately as it is mentioned in the counter that this land is earmarked for allotment to landless tribals. sd/- a.muhamed mustaque, judge sd/- shoba annamma eapen, judge rk appendix of wp(c) 18172/2019 petitioner exhibits exhibit p1 true copy of the certificate issued by the village officer, chinnakanal dated exhibit p2 true copy of the acknowledgment card dated 8/10/1991. exhibit p3 and true copy of the intimation cards. p3(a) exhibit p4 true copy of the plaint, os 108/2003 dated 10/4/2003. exhibit p5 true copy of the judgment dated munsiff court, devikulam. exhibit p6 true copy of the judgment dated exhibit p7 true copy of the proceedings dated

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 10TH DAY OF JANUARY 2024 / 20TH POUSHA, 1945 PETITIONER/S: 1 NJANASEKHAR, AGED 51 YEARS S/O.LATE JOSEPH @ KALIMUTHU, ESHWARI ILLAM, SINGUKANDAM KARA, CHINNAKANAL VILLAGE, IDUKKI. 2 SELVARANI, AGED 46 YEARS D/O.LATE JOSEPH @ KALIMUTHU, ESHWARI ILLAM, SINGUKANDAM KARA, CHINNAKANAL VILLAGE. BY ADVS. A.X.VARGHESE A.V.JOJO RESPONDENT/S: 1 STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2 THE DISTRICT COLLECTOR, IDUKKI, PIN - 685 601. 3 THE TAHSILDAR, UDUMBANCHOLA TALUK OFFICE, IDUKKI DISTRICT, PIN - 685 554. 4 THE VILLAGE OFFICER, CHINNAKANAL VILLAGE OFFICE, CHINNAKANAL, PIN - 685 618. BY ADV GOVERNMENT PLEADER, ADV.S.RENJITH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 10th day of January, 2023 A.MUHAMED MUSTAQUE(J) In this writ petition, the petitioners challenges Ext.P7 order of District Collector, claiming assignment of land under the Kerala Land Assignment (Regularisation of Occupations of Forest Lands prior to 01-01-1977) Special Rules, 1993 (hereinafter referred as “the Special Rules, 1993”). According to the petitioners, they belonged to Scheduled Caste Community, having absolute possession of the land in Survey No.34/01 of Chinnakannal Village. The District Collector found that the petitioners are not eligible for the above said land and also they are the owners of another extent of 2.5 acres of land, which is situated 500 meters away from the land in question. It is further noted that neither the petitioners nor their predecessors, were in occupation of the land prior to 01.01.1977, as per the Resurvey Land Register.

2. The petitioners placed reliance on the possession

certificate, marked as Ext.P1. The learned Government Pleader submits that this possession certificate appears to have been fabricated for the purpose of this case.

3. The Special Rules, 1993 has been framed by the

Government of Kerala for assignment, settlement and regularisation of forest land under occupation prior to 01.01.1977. Rule 2(f) of the Special Rules, 1977 defines the land as follows:

2. Definitions. -

(a) xxx

(b) xxx

(d) xxx

(e) xxx

(f) "Land" means the Forest land subjected to

joint verification as defined in sub-clause (e) and Cardamom Hill Reserve land which are converted for non-cardamom cultivation prior to 1-1-1977 in Idukki District which have been transferred from Forest Department to Revenue Department and covered in the Resurvey Records and list of lands recommended to Government of India for concurrence under Section 2 of the Forest (Conservation) Act, 1980 (Central Act 69 of 1980) but does not include lands in wild life Sanctuaries.

4. Rule 5 of Special Rules, 1977 prescribes that

the assignee or his predecessor/successor - in - interest should have been under occupation of land prior to 01.01.1977. As mandated from Rule 6 of the Special Rules, 1977, the assignment list of the land will have been published and the objection will have to be raised from the person interested in regard to

the   regularisation      of     occupation       by     assignment       on
registry    of    the   land.    It    is   to    be    noted   that      no
objection        were   raised        by    the        petitioners        or

predecessors-in-interest, when the assignment list was published. This is the first occasion to verify the nature of occupation of interest in the land. There is no other mode of assignment of land prescribed other than through preparation of assignment list as preferable under Rule 6 of the Special Rules, 1977 and by conducting enquiry as referred under Rule 7 of the Special Rules, 1977. If no claims or objections were raised, when the list is prepared, no assignment of land can be claimed thereafter. It is to be noted that the Rule 7 of the Special Rules, 1977 is intended only to regularise the occupation of the land as on 01.01.1977 and not to regularise any occupation of land after 01.01.1977. In view of the fact that, absolutely there is no material for the District Collector to hold that the petitioners were in occupation of the land prior to 01.01.1977 and also in the absence of any objections or claim raised at the time of preparation of land, there is no merit in this writ petition and the writ petition is accordingly dismissed.

The District Administration is directed to take over the land from the petitioners immediately as it is mentioned in the counter that this land is earmarked for allotment to landless tribals. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- SHOBA ANNAMMA EAPEN, JUDGE RK APPENDIX OF WP(C) 18172/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHINNAKANAL DATED EXHIBIT P2 TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 8/10/1991. EXHIBIT P3 AND TRUE COPY OF THE INTIMATION CARDS. P3(A) EXHIBIT P4 TRUE COPY OF THE PLAINT, OS 108/2003 DATED 10/4/2003. EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED MUNSIFF COURT, DEVIKULAM. EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS DATED

Same Court & Year Kerala · 2025 Same Parties Njanasekhar, vs State of Kerala, Same Subject Land Acquisition Same Judge Honourable Mr. Justice Anil K.Narendran,Honourable Mr.Justice...