M K THANKAPPAN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) THE petitioner belongs to a Scheduled Tribe community. In accordance with the long standing promise made by the Government to tribals in this State, to assign land to them for cultivation, land was alloted to the petitioner. He was given possession of 2.035 hectares of land, out of the land which was included in the erstwhile Sugandhagiri Tribal Project in Vyithri in Wayanad District. Ext.P2 possession certificate was issued to the petitioner in respect thereof. The 5th respondent was another tribal, who was also entitled to land. He was also alloted certain land. But the 5th respondent occupied part of the land alloted to the petitioner. The petitioner's grievance in this writ petition is that despite several representations in this regard, the 5th respondent has not been evicted from the land alloted to the petitioner and the petitioner has not been given vacant possession of the entire land as promised by the Government. It is under the above circumstances, the petitioner has filed this writ petition seeking the following relief:

(2.) A counter affidavit has been filed by the 2nd respondent, wherein, in paragraphs 3 to 6, it is stated thus: