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6. A counter affidavit has been filed on behalf of the 2nd respondent contending, inter alia, that by Ext.P20 agreement dated 11.7.1877 (known as the First Poonjat Concession), the then Chief of Poonjar Edavagai granted a lease without limit of time to late Mr.J.D.Munro of a tract of land known as Anchunad and Kannan Devan Hills, later carried out as the revenue village of Kannan Devan Hills. Mankulam Village was formerly a part of Kannan Devan Hills Village. By a Royal proclamation dated 24.9.1899, the rights of the Poonjar Edavagai over the said tracts were vested in the Government of Travancore. Therefore, the lands are Government lands and persons in possession are only lessees under the Government. Government of Kerala, being successor of the former Government of Travancore, was vested with the right, title and interest of the lessor. Later the Government found that a large extent of agricultural lands in Kannan Devan Hills Village had not been converted into plantations and such lands are not required for the purpose of existing plantations. Accordingly, the Government decided to resume such lands for distribution for cultivation and purposes ancillary thereto. Consequent to this, Kannan Devan Hills (Resumption of Lands) Act, 1971 was enacted, the validity of which was upheld by the Hon'ble Apex Court in SLP(C)No.44 of 1974 filed by KDHP Company. The Land Board was authorised to examine the restoration of possession of lands in certain areas after giving the applicant an opportunity of being heard and after such enquiry as it deems necessary. After reserving such extent of lands, the possession of which was vested in the Government towards the promotion of agriculture (other than lands which have been restored under Section 4 of the Act), the Government decided to distribute the balance extent of land for agricultural purpose. Accordingly, an extent of 5189 acres of land was set apart for assignment on registry to agriculturists and agricultural labourers. An extent of 1756 hectare of land has been distributed in 2227 cases so far. Assignment proceedings are later stayed by this Court in Ext.R2(a) interim order dated 12.12.2005 in W.P.(C)No.32000/2005. Regarding the title claimed by the petitioners on the strength of Exts.P1 to P12 sale deeds executed by Sri.Chandra Mohana Menon of Poonjar Kovilakam, the 2nd respondent would contend that, the aforesaid documents are legally null and void since the right over the land in question had already been alienated by the Poonjar Kovilakam to Mr.J.D.Munro, the predecessor in interest of the KDHP Company, by Ext.P20 document dated 11.7.1877. As per the Village records, the Survey Nos.77/1 and 75/1 of Mankulam Village were in the name of KDHP Company, a major portion of which was later resumed by the Government consequent on the enactment of Kannan Devan Hills (Resumption of Lands) Act. Therefore, the 2nd respondent would contend that, the petitioners are trying to grab the Government land with the support of illegal documents. The Kannan Devan Hills (Resumption of Lands) Act was enacted by the Government, in order to distribute the unutilised portion which are not required for the plantation purpose. The Land Board passed Ext.P13 order dated 29.03.1974 by which an extent of 70522.12 acres of land was ordered to be taken over, out of which an extent of 5189.88 acres of land was set apart for assignment. The specific stand taken by the 2nd respondent in the counter affidavit is that, the petitioners have no right or possession over the land covered by Exts.P1 to P12 sale deeds and the said land has already been taken over by the Government and distributed to the landless agriculturists or set apart for afforestation.

8. I heard the arguments of the learned counsel for the petitioners and also the learned Special Government Pleader appearing for the respondents.

9. The Kannan Devan Hills (Resumption of Lands) Act, was made to provide for the resumption of lands other than plantations in the Kannan Devan Hills Village in the Devicolam Taluk of Kottayam District and for the distribution of such lands for cultivation and purposes ancillary thereto. A reading of preamble of the Act would show that the lands comprising the entire revenue village of Kannan Devan Hills in Devicolam Taluk of Kottayam District had been given on lease by the then Poonjar Chief to late Mr.J.D.Munro on 11.7.1877, for coffee cultivation and that, the right, title and interest of the lessor had been assumed by the former Government of Travancore. By such assumption, the lands have become the property of the former Government of Travancore and the Government of Kerala have become the successor to the former Government of Travancore. A large extent of agricultural lands in that village has not been converted into plantations or utilised for purposes of plantation and such lands are not required for the purpose of the existing plantations. Therefore, the Government considered that such agricultural lands should be resumed for the distribution thereof for cultivation and purposes ancillary thereto. As per sub-section (2) of Section 1, the Act shall be deemed to have come into force on the 21.1.1971 and going by sub-section (3) of Section 1, it applies to the land comprising the revenue village of Kannan Devan Hills in the Devicolam Taluk of Kottayam District.

25. As noticed by the Apex Court in Kannan Devan Hills Produce Company's case (supra), the Royal Proclamation made on 24.9.1899 was the outcome of an arrangement made by the Government, with the Poonjar Chief for the surrender of certain proprietary rights which he had been exercising over the tract known as Anjanad and Kannan Devan Hills. The said Royal Proclamation recites that, the tract known as Anjanad and Kannan Devan Hills is an integral portion of the territory of Government of Travancore and all rights over it belong to and vest in it. The inhabitants of the tract Anjanad and Kannan Devan Hills and all others whom it may concern are informed and warned by the said Royal Proclamation that, they are not to pay any taxes, rents or dues, or make any other payment to the Poonjar Chief or his representatives or to any person other than an officer of the Government of Travancore authorised in this behalf, in respect of anything in, upon or connected with the said tract, with the exception, however, of a payment of Rs.3,000/- per annum from the successors in interests of the late Mr.J.D.Munro now being paid to the said Chief by virtue of a lease deed executed by the said Chief in favour of the said late Mr.J.D.Munro on the 11.7.1877, and which Government of Travancore are pleased to permit the said Chief to continue to receive.

26. The Royal Proclamation made on 24.9.1899 (a proclamation made subsequent to Ext.P21 agreement dated 18.9.1899) makes it explicitly clear that, the lands within the tract Anjanad and Kannan Devan Hills will be dealt with by the Government of Travancore in the same manner as lands in other parts of its territory with such modifications as the circumstances and conditions of the said tract may require and all taxes, rents and dues hitherto paid, and that may hereafter be imposed by the Government of Travancore shall, with the exception of the sum of Rs.3,000/- aforesaid, be paid by the occupants of lands within the said tract whose occupation has been or may be recognized or confirmed by the Government of Travancore, and of such portions of the said tract as may from time to time thereafter, with the permission of the Government, be occupied, to the officers of the Government of Travancore, who may be authorised in this behalf. The Government of Kerala, the successor to the former Government of Travancore, noticed that large extent of agricultural lands in that village has not been converted into plantations or utilised for purposes of plantation and such lands are not required for the purposes of the existing plantation and that, such agricultural lands should be resumed for the distribution thereof for cultivation and purposes ancillary thereto. The Preamble to Kannan Devan Hills (Resumption of Lands) Act, 1971 states that, lands comprising the entire revenue village of Kannan Devan Hills in the Devicolam Taluk of the Kottayam district had been given on lease by the then Poonjar Chief to late Mr.J.D.Munroe on the 11.7.1877, for coffee cultivation, and the right, title and interest of the Poonjar Chief had been assumed by the former Government of Travancore and the lands had become the property of the former Government of Travancore and now that of the Government of Kerala. As noticed by the Apex Court in Kannan Devan Hills Produce Company's case (supra), what Section 3 of the Act vests in the Government is not only agricultural lands but all lands situated in the Kannan Devan Hills Village in the Devicolam Taluk of the Kottayam district and it extinguishes the rights of the lessees and other persons and vests the lands in the Government of Kerala subject to some exceptions which are contained in sub-sections (2) and (3) of Section 3. The specific stand taken in the counter affidavit filed by the 2nd respondent is that, Mankulam Village was formerly part of the Kannan Devan Hills Village and that, as per survey records Survey Nos.77/1 and 75/1 of Mankulam Village were in the name of KDHP Company, a major portion of which was resumed by the Government consequent on the enactment of Kannan Devan Hills (Resumption of Lands) Act. Therefore, it prima facie appears that there is no merit in the contention raised by the learned counsel for the petitioners that, the lands covered by Exts.P1 to P12 sale deeds never vested with the Government of Travancore.