KOZHENCHERRY GRAMA PANCHAYAT Vs. MARIAMMA CHACKO

JUDGEMENT

(1.) Of the above appeals, W.A. No. 2380 of 1998 is filed by the Kozhencherry Grama Panchayat, while the other three appeals are filed by the Government, against a common judgment in O. P. Nos. 14077/96, 14154/96, 14239/96 and 15570/96. The appeals have been filed by the State against the judgment in O. P. No. 14077/98, 14154/96, and 14239/96. The Panchayat has filed the appeal against the judgment in O. P. No. 14239/96.

(2.) The Kozhencherry Grama Panchayat wanted certain lands for the purpose of a bus stand. They found that the land occupied by the respondents who were the petitioners in the Original Petitions was Government land and that could be taken for the purpose of bus stand. With that purpose in view, the Government was intimated. Originally, the District Collector issued notice to the respondents to vacate their premises. The matter came before this Court in O. P. No. 4195 of 1996 and connected cases. This Court said that the proceedings can be continued only after giving an opportunity to the petitioners to substantiate that they are entitled to get it assigned in their name. The District Collector decided that the petitioners should vacate the land. The matter was taken before the Board of Revenue. The Board of Revenue upheld the order of the District Collector and directed that the occupants should be evicted. It is against the order of the Board of Revenue, No. D. Dis. 16680/96 / LR(J)3 dated 24.8.1996, that the respondents approached this Court by filing the above four Original Petitions. In the impugned judgment, the learned Judge found that occupants were occupying the lands on the basis of Kuthakapattom Rules. Learned Judge disposed of the Original Petitions holding that the Collector and Board of Revenue have not passed orders in accordance with the Kuthakapattom Rules. In Para.11 of the judgment, the learned Judge gave the following directions.

(3.) As already stated, the above Writ Appeals are filed against the said judgment. Subsequently, after disposal of the Original Petition, in accordance with the directions, the Tahsildar Kozhencherry issued notice to the occupants and by order dated 10.12.1997 rejected the objections filed by the occupants and held that they are not entitled to get assignment of the land and also the compensation for the improvements. Challenging those orders, O. P. No. 861/98 was filed by Mariamma Chacko and others, who are the respondents in W.A. No. 81 of 1998. That original petition was dismissed and against that W.A. No. 875/98 is filed. That Writ Appeal was also heard along with these appeals, but it is disposed of separately.