Kerala High Court
K.T.Unnimoyi Haji vs State Of Kerala on 17 January, 2022
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30217 OF 2021
PETITIONER:
SAKARIYA P.K.
AGED 53 YEARS
S/O. UNNIMOYI K.T., POOLAKANDI HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE, KOZHIKODE
DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
DISTRICT, PIN-673121.
4 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT, PIN-
673121.
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-
670645.
2
W.P.(C)No. 30217 of 2021 &
Conn.Cases
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30315/2021,
30308/2021 AND CONNECTED CASES, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
3
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30315 OF 2021
PETITIONER:
ABDU RAHIMAN P.K.
AGED 57 YEARS
S/O. UNNIMOYI HAJI, KANAKUNNATH HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
4
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN-673 121.
THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN-673121.
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670645.
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
5
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30308 OF 2021
PETITIONER:
KEERANTHODIKA ABDURAHIMAN
AGED 76 YEARS
S/O. AHAMMEDKUTTY, ENNATHATTIL HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
2 THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM,PIN-695 001
3 THE DISTRICT COLLECTOR,
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
6
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT,PIN-673 121
THE DEPUTY COLLECTOR (LR),COLLECTORATE,
4 KALPETTA P.O., WAYANAD DISTRICT,PIN-673 121
5 THE REVENUE DIVISIONAL OFFICER,
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670 645
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT,PIN-673 592
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT,PIN-673 591
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
7
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30288 OF 2021
PETITIONER:
MUJEEB RAHMAN V
AGED 51 YEARS
S/O. V.UMMER HAJI, THATTARATHODIKA HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT-673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
ANJALI G.KRISHNAN
SAHEER M.
P.ABDUL NISHAD
RAIHANATH T.H.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
8
W.P.(C)No. 30217 of 2021 &
Conn.Cases
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
DISTRICT, PIN-673 121.
4 THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN-670 645.
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN-673 592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673
592.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
9
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30285 OF 2021
PETITIONER:
K.T.UNNIMOYI HAJI
AGED 83 YEARS
S/O.AVARAN HAJI, POOLAKANDI HOUSE,
NELLIKKAPARAMBU P.O, MUKKAM, KOZHIKODE
DISTRICT.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O, WAYANAD
10
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN - 673121.
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O, WAYANAD DISTRICT,
4
PIN - 673121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O, WAYANAD DISTRICT,
PIN - 670645.
6 THE TAHSILDAR (LR),
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN - 673592.
7 THE VILLAGE OFFICER
SULTHAN BATHERI, WAYANAD DISTRICT, PIN -
673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
11
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30335 OF 2021
PETITIONER:
P.K.ABDURAZAK
AGED 62 YEARS
S/O. K.T. UNNIMOYI HAJI, 'HARITHA',
CHENNAMANGALLUR P.O, VIA MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT, PIN - 673602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O, WAYANAD
12
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN - 673121.
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O, WAYANAD DISTRICT,
4
PIN - 673121.
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O, WAYANAD DISTRICT,
PIN - 670645.
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN - 673592.
7 THE VILLAGE OFFICER,
SULTHAN BATHERY, WAYANAD DISTRICT, PIN -
673592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
13
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30276 OF 2021
PETITIONER:
UNNIMOYI.T.,
AGED 80 YEARS
S/O.ABDURAHIMAN, THIRUVALOOR HOUSE,
CHENNAMANGALLUR P.O., MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT, PIN-673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR, WAYNAD,
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
14
W.P.(C)No. 30217 of 2021 &
Conn.Cases
PIN-673 121.
THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-670
645.
6 THE TAHSILDAR(LR), TALUK OFFICE, SULTHAN
BATHERI,
WAYANAD DISTRICT, PIN-673 592.
7 THE VILLAGE OFFICER, SULTHAN BATHERI,
WAYANAD DISTRICT, PIN-673 592.
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
15
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30437 OF 2021
PETITIONER:
SAJID RAHMAN PALIYIL
AGED 32 YEARS
S/O.SIDHEEQUE, AGED 32 YEARS, PALIYIL HOUSE,
CHENNAMANGALLUR, MUKKAM, THAZHECODE, KOZHIKODE
DISTRICT - 673 602
BY ADV C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001.
2 THE SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001.
3 THE DISTRICT COLLECTOR, WAYANAD, COLLECTORATE,
KALPETTA P.O., WAYANAD DISTRICT, PIN-673 121.
4 THE DEPUTY COLLECTOR (LR),
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
16
W.P.(C)No. 30217 of 2021 &
Conn.Cases
PIN-673 121.
5 THE REVENUE DIVISIONAL OFFICER, MANANTHAVADY,
OFFICE OF THE REVENUE DIVISIONAL OFFICE,
MANANTHAVADY P.O., WAYANAD DISTRICT, PIN-670
645.
6 THE TAHSILDAR (LR), TALUK OFFICE,
SULTHAN BATHERI, WAYANAD DISTRICT, PIN-673
592.
7 THE VILLAGE OFFICER, SULTHAN BATHERI,
WAYANAD DISTRICT, PIN-673 592.
SMT.M.ANIMA.G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
17
W.P.(C)No. 30217 of 2021 &
Conn.Cases
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 17TH DAY OF JANUARY 2022 / 27TH POUSHA, 1943
WP(C) NO. 30452 OF 2021
PETITIONER:
MUHAMMED ABDURAHIMAN T T
AGED 48 YEARS
S/O.UMMER HAJI, THATTARATHODI HOUSE,
CHENNAMANGALLUR P.O., VIA MUKKAM, THAZHEKODE,
KOZHIKODE DISTRICT - 673 602.
BY ADVS.
C.M.MOHAMMED IQUABAL
SAHEER M.
RESPONDENTS:
1 STATE OF KERALA
REP.BY THE SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
2 THE SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM PIN 695 001
3 THE DISTRICT COLLECTOR
WAYANAD, COLLECTORATE, KALPETTA P.O., WAYANAD
18
W.P.(C)No. 30217 of 2021 &
Conn.Cases
DISTRICT, PIN 673 121
THE DEPUTY COLLECTOR (LR)
COLLECTORATE, KALPETTA P.O., WAYANAD DISTRICT,
4
PIN 673 121
5 THE REVENUE DIVISIONAL OFFICER
MANANTHAVADY, OFFICE OF THE REVENUE DIVISIONAL
OFFICE, MANANTHAVADY P.O., WAYANAD DISTRICT,
PIN 670 645
6 THE TAHSILDAR (LR)
TALUK OFFICE, SULTHAN BATHERI, WAYANAD
DISTRICT, PIN 673 592
7 THE VILLAGE OFFICER
SULTHAN BATHERI, WAYANAD DISTRICT, PIN 673 592
SMT. MABLE .C .KURIAN SR.G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.01.2022, ALONG WITH WP(C).30217/2021 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
19
W.P.(C)No. 30217 of 2021 &
Conn.Cases
JUDGMENT
Dated this the 17th day of January, 2022.
The petitioners in these cases - which are being disposed of jointly through this writ petition, taking note of the analogous factual factors and similar nature of the reliefs sought - are stated to be persons who are either registered holders or subsequent assignees of the lands involved in these cases, which is known as "Fairland Colony", at Sulthan Batheri.
2. The petitioners say that they have been in possession of the properties in question either under valid assignments from the Government, or through assignments from such holders, for the last more than six decades; and that, therefore, they became eligible to be 20 W.P.(C)No. 30217 of 2021 & Conn.Cases assigned the same in their favour, under the provisions of the applicable Statues and Regulations. They say that, however, when their request for assignment was not considered, they approached this Court and obtained Ext.P6 judgment, wherein, liberty was granted to them to move the jurisdictional Deputy Tahsildar, with a further direction to the said Authority to consider the same in terms of law.
3. The petitioners allege that, however, without appreciating or adverting to any of the relevant and germane inputs and materials, the Deputy Collector has now issued the orders impugned in these cases, rejecting their requests for assignment merely saying that they were not found eligible for such by the "Assignment Committee" and that they are not included in the list of 197 persons who have been so found eligible 21 W.P.(C)No. 30217 of 2021 & Conn.Cases for such assignment.
4. Sri.C.M.Mohammed Iquabal - learned counsel for the petitioners, submitted that the findings of the Deputy Collector are perverse and improper because what he was expected to consider was whether his clients continue to be in possession of the properties, either on assignment from Government to them, or through their predecessor-in-interest, for the last several decades. He submitted that, instead of doing so, the Deputy Collector went on a tangent to hold that his clients were not part of the 197 persons found eligible for assignment by the "Assignment Committee"; and argued that this is in error for an additional reason that there is not even a whisper in the impugned orders whether the lands in question have been reserved for assignment to the said 197 persons. He then vehemently asserted that 22 W.P.(C)No. 30217 of 2021 & Conn.Cases the lands which have been found eligible to be assigned to the 197 persons aforementioned, are completely distinct and different from the ones which are now being held in possession by his clients; and therefore, that they are entitled to be granted the requests for assignment, based on their continuous and uninterrupted possession for the last more than six decades. He, therefore, reiteratingly prayed that the impugned orders in these cases be set aside.
5. In response, Smt.M.Anima - learned Government Pleader, appearing in some of these matters submitted that the orders impugned herein are speaking ones, and has recorded the reasons which weighed with the Deputy Collector in having rejected the requests of the petitioners. She pointed out that, not merely were the petitioners not included as beneficiaries along with 23 W.P.(C)No. 30217 of 2021 & Conn.Cases the 197 persons identified by the "Assignment Committee", but they are not entitled to assignment also because they do not satisfy the criteria for such purpose, under the Assignment of Land within Municipal and Corporation Area Rules, 1995 ("The Rules" for short).
She argued that, petitioners are disqualified for seeking assignment thereunder, both as per the income criteria, and because they hold other extents of land; and therefore, that the Deputy Collector had no other option but to reject their applications through the impugned orders in these cases, which she asserted, is irreproachable and without error.
6. I have evaluated the afore submissions and have also sgone through the various materials available on record, in particular the impugned orders.
7. It is inevitable from the orders of the Deputy 24 W.P.(C)No. 30217 of 2021 & Conn.Cases Collector, that he has rejected the petitioners' applications primarily for the reason that they were not identified as being beneficiaries by the "Settlement Committee", nor included in the 197 persons, so identified. The said Authority then goes on to say that petitioners are not eligible for being assigned land in their possession because the requirements under the "Rules" are not satisfied by them. However, the orders impugned do not contain the specific details with respect to each of the petitioners and it appears to be a common order, with minor changes incorporated to deal with the individual cases, finding that none of them fulfill the criteria as are required under the "Rules".
8. That apart, even if the "Settlement Committee" had not found the petitioners to be eligible for being assigned lands and even if they were not 25 W.P.(C)No. 30217 of 2021 & Conn.Cases included in the list of 197 persons who were so identified, the question that ought to have weighed with the Deputy Collector was whether they are entitled to be assigned the extents claimed by them on account of long and uninterrupted possession. This is more so since the petitioners assert that they have been in occupation of the lands in question for more than six decades past, either through themselves or through their predecessors-
in-interest and that some of them are, in fact, holding it on the strength of assignments given to them by the Government under a "Puncha cheet". These aspects have not been considered by the Deputy Collector on an individual case basis, but has entered into a conclusion that none of the petitioners are entitled to be assigned lands under the ambit of the "Rules".
9. The above being said, this Court is also 26 W.P.(C)No. 30217 of 2021 & Conn.Cases concerned about the fact that the Deputy Collector has merely stated that petitioners are not identified as the beneficiaries by the "Assignment committee", nor are they included among 197 persons so found. The Deputy Collector ought to have kept in mind that the petitioners are not seeking assignment based on the "Rules" alone, but also because they claim to be in uninterrupted possession of the extents for the last several decades, either by themselves or through their predecessors-in-
interest. These aspects certainly ought to have been considered by the Deputy Collector, before an order could have been issued by him; and in the absence of any such decision being reflected in the impugned orders, this Court cannot find favour with it immediately.
10. I am also persuaded to the afore opinion because, as rightly stated by Sri.C.M.Mohammed Iquabal 27 W.P.(C)No. 30217 of 2021 & Conn.Cases
- learned counsel for the petitioners, even if 197 persons have been identified for being assigned land, the Deputy Collector ought to have verified whether lands reserved to them are part of any of the extents which are now claimed by the petitioners. This is crucial because, as I have already seen above, the petitioners say that they have been in continuous possession of the lands for several years; and therefore, the Authority ought to have decided if such possession should be disturbed, so as to accommodate the 197 persons who are stated to have been identified by the "Assignment Committee".
11. In the absence of the afore considerations being validly made in the impugned orders, I am certain that the entire aspects will have to be reconsidered by the Deputy Collector; for which purpose, said orders will require to be set aside.
28W.P.(C)No. 30217 of 2021 & Conn.Cases Resultantly, I order these writ petitions and set aside the impugned orders; with a consequential direction to the Deputy Collector to reconsider the applications of the petitioners, after affording them a fresh opportunity of being heard and after evaluating their documents; thus culminating in appropriate new orders and necessary action thereon, as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment.
Needless to say, while completing the afore exercise, the Deputy Collector shall specifically keep in mind the observations of this Court and shall record his opinion on them, as also on all other germane and relevant aspects, in the resultant orders.
At this time, Smt.Mable C.Kurian - learned Senior Government Pleader, intervened to say that, in fact, in all 29 W.P.(C)No. 30217 of 2021 & Conn.Cases the impugned orders the claims of the individual petitioners as regards their entitlement under the "Rules"
have been specifically dealt with. She, pointed out that, said orders also show that petitioners have other lands or are not eligible under the income criteria to be granted the assignments.
Even if the above be so and this Court is to accept the same, as I have already said above, the real question is not whether petitioners are entitled to be assigned lands under the "Rules", but whether they are entitled to such benefit on account of their uninterrupted possession over it for six decades or more, as claimed by them.
Therefore, even if the petitioners are in possession of other lands or are not using the properties in question for their residential purposes, as have been alleged, it 30 W.P.(C)No. 30217 of 2021 & Conn.Cases certainly is enjoined upon the Deputy Collector to further enquire whether such possession would entitle them any benefit, particularly if the lands in question have not reserved for being assigned to 197 persons mentioned by the "Assignment Committee".
I am, therefore, of the view that notwithstanding the objections raised by Smt.Mable C.Kurian, the exercise as afore ordered must certainly be completed, after following due procedure.
That being so said, it goes without saying that while the Deputy Collector makes the afore consideration, he will also be at liberty to verify whether any other provision of law would be applicable to the petitioners, including the rigour of the Regulations which require them to pay the market value of the properties in question, however, only after assessing their entitlement 31 W.P.(C)No. 30217 of 2021 & Conn.Cases to assignment based on their continuous possession.
To paraphrase, if the Deputy Collector is to find that petitioners are not entitled to assignment of the entire extents in their possession or that they can be so granted only after remitting the market value, he will be at liberty to deal with each of their cases independently and issue appropriate orders with respect to the same as per law and following the procedural requirements under the applicable Rules and Regulations, at which time, the said Authority will also advert to the Government Order bearing No.GO.(MS)No.86/2009/Revenue dated 01.03.2009.
Sd/-
DEVAN RAMACHANDRAN JUDGE Raj/18.01.2022.
32W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30315/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997.
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.8.2021. Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.18709/2021 OF THIS HON'BLE COURT DATED 13.9.2021.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.9.2021.
Exhibit P6 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P7 THE TRUE COPY OF THE G.O.(KAI) NO.86/2019 DATED 1.3.2019.
33W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30308/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.8.2021 Exhibit P4 THE TRUE COPY OF THE JUDGMENT IN WPC NO.18770/2021 OF THIS HON'BLE COURT DATED 13.9.2021 Exhibit P5 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.9.2021 Exhibit P6 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021 Exhibit P7 THE TRUE COPY OF THE GO (KAI) NO.86/2019 DATED 1.3.2019 34 W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30288/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 7.8.2013.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY SULTHAN BATHERI MUNICIPALITY DATED 16.11.2019. Exhibit P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.8.2021. Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WPC NO.18726/2021 OF THIS HON'BLE COURT DATED 13.9.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.9.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE G.O.(KAI) NO.86/2019 DATED 1.3.2019.
35W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30285/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF THE DOCUMENT NO.416/1997 OF SRO SULTHAN BATHERI DATED 28.01.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 29.08.2003.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.08.2021. Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO. 18754/2021 OF THIS HON'BLE COURT DATED 13.09.2021.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(MS) NO.
86/2019 DATED 1.3.2019.
36W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30335/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO. 416/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 26.07.2006.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY SULTHAN BATHERI MUNICIPALITY DATED 24.09.2019. Exhibit P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.08.2021. Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO. 18753/2021 OF THIS HON'BLE COURT DATED 13.09.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.09.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE GO(KAI) NO.
86/2019 DATED 1.3.2019.
37W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30276/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997 OF SRO SULTHAN BATHERI DATED 28.01.1997.
Exhibit P3 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY SULTHAN BATHERI MUNICIPALITY DATED 24.09.2019. Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.08.2021. Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WPC NO.18677/2021 OF THIS HON'BLE COURT DATED 13.09.2021.` Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(KAI) NO.86/2019 DATED 01.03.2019.
38W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30437/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY, Exhibit P2 THE TRUE COPY OF DOCUMENT NO.416/1997 OF SRO SULTHAN BATHERI DATED 28.01.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 03.08.2013.
Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.08.2021. Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN WPC NO.18717/2021 OF THIS HON'BLE COURT DATED 13.09.2021.
Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.09.2021.
Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P8 THE TRUE COPY OF THE GO(KAI) NO.86/2019 DATED 01.03.2019.
39W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30452/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997 Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 2.7.2013 Exhibit P4 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.8.2021 Exhibit P5 THE TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.18756/2021 OF THIS HON'BLE COURT DATED 13.9.2021 Exhibit P6 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.9.2021 Exhibit P7 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021 Exhibit P8 THE TRUE COPY OF THE G.O.(KAI) NO.86/2019 DATED 1.3.2019 40 W.P.(C)No. 30217 of 2021 & Conn.Cases APPENDIX OF WP(C) 30217/2021 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE ROUGH SKETCH OF THE PROPERTY.
Exhibit P2 THE TRUE COPY OF DOCUMENT NO.420/1997 OF SRO SULTHAN BATHERI DATED 28.1.1997.
Exhibit P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 3.7.2013.
Exhibit P4 THE TRUE COPY OF THE OWNERSHIP CERTIFICATE ISSUED BY SULTHAN BATHERI MUNICIPALITY DATED 24.9.2019.
Exhibit P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 24.8.2021. Exhibit P6 THE TRUE COPY OF THE JUDGMENT IN WP(C) NO.18681/2021 OF THIS HON'BLE COURT DATED 13.9.2021.
Exhibit P7 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 22.9.2021.
Exhibit P8 THE TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 22.11.2021.
Exhibit P9 THE TRUE COPY OF THE G.O.(KAI) NO.86/2019 DATED 1.3.2019.