IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 OP.No. 12544 of 2002(R) ----------------------- PETITIONER(S): --------------- 1. RATHINAM W/O.LATE MOSES,AGED 35 YEARS MUNNAR COLONY,MUNNAR P.O. 2. G.RAJKUMAR S/O.GURUSWAMY,MUNNAR COLONY, MUNNAR P.O. 3. J.PAUL; S/O.JAYARAJ,MUNNAR COLONY, MUNNAR P.O. 4. R.KARUNA NITHY S/O.RAMIAH,MUNNAR COLONY, MUNNAR P.O. 5. V.ANANTHASELVI W/O.RAMESH KUMAR, MUNNAR COLONY,MUNNAR P.O. BY ADV. SRI.VARGHESE N.M. RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REPRESENTED BY SECRETARY,REVENUE(A) DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR,IDUKKIM DISTRICT, PAINAVU,IDUKKI. 3. THE REVENUE DIVISIONAL OFFICER, DEVIKULAM,IDUKKI DISTRICT. 4. THE TAHSILDAR,DEVIKULAM TALUK, DEVIKULAM. BY G.P. SRI.MATHEW VADAKKEL THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ALONG WITH O.P. NO.6666/2002 ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO.21344/2002 IN O.P. NO.12544/2002 DISMISSED: 28.7.2009 SD/-(C.N.RAMACHANDRAN NAIR, JUDGE.) APPENDIX PETITIONER'S EXHIBITS: P1: PHOTOCOPY OF PROVISIONAL PATTA NO.237/1993 ISSUED BY R4. P1(a): TRUE COPY OF TAX RECEIPT NO.11 DT.14.3.2002 IN THANDPER NO.141 ISUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P1(b): PHOTOCOPY OF POSSESSION CERTIFICATE NO.797/2002 DT.7.2.2002 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN VILLAGE. P2: PHOTOCOPY OF PROVISIONAL PATTA NO.243/2003 ISSUED BY R4. P2(a): PHOTOCOPY OF POSSESSION CERTIFICATE NO.796/2002 DT.7.2.2002 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVEN HILLS VILLAGE. P3: PHOTOCOPY OF PROVISIONAL PATTA NO.238/1993 ISSUED BY R4. P3(a):PHOTOCOPY OF POSSESSION CERTIFICATE NO.798/2002 DT.7.2.2002 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P4: TRUE COPY OF PROVISIONAL PATTA NO.242/93 ISSUED BY R4. P4(a): PHOTOCOPY OF POSSESSION CERTIFICATE NO.795/2002 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P5: TRUE COPY OF PROVISIONAL PATTA NO.239/93 ISSUED BY R4. P5(a): PHOTOCOPY OF POSSESSION CERTIFICATE NO.799/2002 DT.7.2.2002 ISSUED BY THE VILLAGE OFFICER, KANNAN DEVAN HILLS VILLAGE. P5(b): PHOTOCOPY OF GOVT. CIRCULAR NO.1638/A2/96/RD DT.1.2.96. P6: PHOTOCOPY OF ORDER IN CMP NO.22176/2001 IN O.P. NO.13927/2001 DT.10.8.2001. P6(a): PHOTOCOPY OF ORDER IN CMP NO.49370/2001 IN O.P. NO.30370/2001 DT.8.3.2002. P6(b): PHOTOCOPY OF ORDER IN CMP NO.64047/2001 IN O.P. NO.39110/2001 DT.15.1.2002. TRUE COPY PA TO JUDGE 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