WRIT PETITION 18172 OF 2019 on 1 January 1977

JUDGMENT

Dated this the 10[th] day of January, 2023

A.MUHAMED MUSTAQUE(J)

In this writ petition, the petitioners challengesExt.P7 order of District Collector, claiming assignment ofland under the Kerala Land Assignment (Regularisation ofOccupations of Forest Lands prior to 01-01-1977) SpecialRules, 1993 (hereinafter referred as “the Special Rules,1993”). According to the petitioners, they belonged toScheduled Caste Community, having absolute possession ofthe land in Survey No.34/01 of Chinnakannal Village. TheDistrict Collector found that the petitioners are noteligible for the above said land and also they are theowners of another extent of 2.5 acres of land, which issituated 500 meters away from the land in question. It isfurther noted that neither the petitioners nor theirpredecessors, were in occupation of the land prior to01.01.1977, as per the Resurvey Land Register.

2. The petitioners placed reliance on the possessioncertificate, marked as Ext.P1. The learned Government

Pleader submits that this possession certificate appearsto have been fabricated for the purpose of this case.

3. The Special Rules, 1993 has been framed by theGovernment of Kerala for assignment, settlement andregularisation of forest land under occupation prior to01.01.1977. Rule 2(f) of the Special Rules, 1977 definesthe land as follows:

2. Definitions. -

(a) xxx

(b) xxx

(c) 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 areconverted 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 thatthe assignee or his predecessor/successor – in –interest should have been under occupation of landprior to 01.01.1977. As mandated from Rule 6 of theSpecial Rules, 1977, the assignment list of the landwill have been published and the objection will haveto be raised from the person interested in regard tothe regularisation of occupation by assignment onregistry of the land. It is to be noted that noobjection were raised by the petitioners orpredecessors-in-interest, when the assignment list waspublished. This is the first occasion to verify thenature of occupation of interest in the land. Thereis no other mode of assignment of land prescribedother than through preparation of assignment list aspreferable under Rule 6 of the Special Rules, 1977 andby conducting enquiry as referred under Rule 7 of theSpecial Rules, 1977. If no claims or objections wereraised, when the list is prepared, no assignment ofland can be claimed thereafter. It is to be notedthat the Rule 7 of the Special Rules, 1977 is intended WP(C) NO. 18172 OF 2019

only to regularise the occupation of the land as on01.01.1977 and not to regularise any occupation ofland after 01.01.1977.

In view of the fact that, absolutely there is nomaterial for the District Collector to hold that thepetitioners were in occupation of the land prior to01.01.1977 and also in the absence of any objectionsor claim raised at the time of preparation of land,there is no merit in this writ petition and the writpetition is accordingly dismissed.

The District Administration is directed to takeover the land from the petitioners immediately as itis mentioned in the counter that this land isearmarked for allotment to landless tribals.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE

Sd/-

SHOBA ANNAMMA EAPEN, JUDGE

APPENDIX OF WP(C) 18172/2019

PETITIONER EXHIBITS

EXHIBIT P1

TRUE COPY OF THE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, CHINNAKANAL DATED 22/8/1992.

EXHIBIT P2TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 8/10/1991.

EXHIBIT P3 AND TRUE COPY OF THE INTIMATION CARDS.P3(A)EXHIBIT P4TRUE COPY OF THE PLAINT, OS 108/2003 DATED 10/4/2003.EXHIBIT P5TRUE COPY OF THE JUDGMENT DATED 14/12/2005 IN O.S.108/2003 OF THE MUNSIFF COURT, DEVIKULAM.EXHIBIT P6TRUE COPY OF THE JUDGMENT DATED 11/2/2016 IN W.P.(C) 11699/2011.EXHIBIT P7TRUE COPY OF THE PROCEEDINGS DATED 7/8/2016.