Kerala High Court
G.Raman Nair & 4 Others vs Kerala State & 3 Others on 9 June, 2020
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 09TH DAY OF JUNE 2020 / 19TH JYAISHTA, 1942
WP(C).No.21699 OF 2011(J)
PETITIONER/S:
1 G.RAMAN NAIR & 4 OTHERS, GOPALAN NAIR, PALAKKUNNATHU,
KUNNATHOOR KIZHAKKU, P.O., KOLLAM.
2 N.BHASKARAN AGED 67 YEARS SO.
NARAYANAN, KUZHIVILAYIL, -DO-
3 VIJAYAN AGED 60 YEARS SO. VELU
VIJAYA BHAVANAM, -DO-
4 THANKAMMA AGED 45 YEARS DO. MARIYA
THUNDIL VEEDU, KUNNATHOOR EAST, -DO-
5 VASANTHA KUMARI AGED 41 YEARS
W/O. MOHANAN, VELOORETHU VEEDU,, KUNNATHOOR NADUVIL,
-DO-
BY ADVS.
SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SRI.SUNIL J.CHAKKALACKAL
RESPONDENT/S:
1 KERALA STATE & 3 OTHERS, REVENUE SECRETARY,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 DISTRICT COLLECTOR, COLLECTORATE, KOLLAM
DISTRICT-691 001.
3 TAHSILDAR, TALUK OFFICE, KUNNATHOOR TALUK, KOLLAM
DISTRICT,, PIN-690 540.
4 VILLAGE OFFICER, VILLAGE OFFICE, KUNNATHOOR VILLAGE,,
KOLLAM DISTRICT-690 540.
BY GOVERNMENT PLEADER, SRI.RAVIKRISHNA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
09.06.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.21699/2011 2
JUDGMENT
Dated this the 9th day of June 2020 The petitioners approached this Court alleging non- issuance of Patta to them under the Flood Relief Scheme. Admittedly, the petitioners are beneficiaries, who had been allotted four cents of land during 1993. This Scheme was formulated for providing house sites to the landless. The land involved in the Scheme is about one acre in extent and comprised in old survey No.703/1C (Re-Sy.B-17, 288/2) of Kunnathoor Village. This was identified to rehabilitate the poor landless people. The Government purchased the land under the scheme.
2. According to the Government, the petitioners were not given the Patta for the reason that they have alienated the allotted land to them and they are not in occupation. It is further submitted that all beneficiaries who are in actual possession of the allotted land were given Patta.
3. The petitioners assert that they are in occupation of the land. In such circumstances, it is appropriate that the District Collector conducts an enquiry as to the factual aspects related to the occupation by the petitioners. If the petitioners are in occupation of the land allotted to them based on the scheme, the Patta shall be issued to them. However, if the petitioners are not in occupation of the WP(C).No.21699/2011 3 allotted land, the claim can be rejected with a reasoned order. The issuance of Patta, therefore, would depend upon an enquiry to be conducted by the District Collector. Accordingly, the District Collector, Kollam is directed to initiate the enquiry as to the occupation of the land to the petitioners. This shall be concluded within a period of two months. The issuance of Patta would depend upon such enquiry and decision of the District Collector. If it is found that the petitioners are entitled to issuance of Patta within an outer limit of three months, the Patta shall be issued to the petitioners. If the District Collector is of the opinion that the third parties are in occupation of the land without further delay, he shall take action to evict such unauthorized occupants of the land. The legal heirs of original applicants shall also be heard before passing any order. If the legal heirs of original applicants are in occupation, that would be sufficient for the issuance of Patta to such persons. After the eviction, it shall be allotted to any other eligible persons as per the Government Scheme.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE JUDGE ln WP(C).No.21699/2011 4 APPENDIX PETITIONERS/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 28.07.1993 OF THE SECOND RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER BEARING NO.H.4825/93, DATED 19.02.1994 OF THE THIRD RESPONDENT.
EXHIBIT P3 TRUE COPIES OF THE APPLICATIONS DATED 21.07.2010 SUBMITTED BY THE PETITIONERS 1 TO 3.
EXHIBIT P4 TRUE COPIES OF THE STATEMENTS OF THE PETITIONERS RECORDED BY THE FOURTH RESPONDENT.
EXHIBIT P5 TRUE COPIES OF SOME OF THE PATTAS ISSUED BY THE THIRD RESPONDENT.
RESPONDENTS EXHIBITS:NIL.
//TRUE COPY// P.A.TO JUDGE