K.M.KHALID Vs. STATE OF KERALA

JUDGEMENT

(1.) THE writ petitioner before us is aggrieved by the action of respondent authorities who alleged to have passed a resumption order as per Ext.P1. The petitioner has approached this Court challenging Ext.P1 seeking following reliefs:

(2.) THE brief facts that led to filing of the present Writ Petition are as under: Along with the writ petitioner nine others claim to be absolute owners in possession and enjoyment of an extent of 32.949 cents of property Pandaravaka pattom land in re -survey No.137/5 of Anaviratti Village. Petitioner claims, from one Ajitha Joshi they purchased the said land as per Document No.966/2005 of SRO, Devikulam. Predecessor in title, Smt. Ajitha Joshy, according to the petitioner, had even constructed a small house measuring about 1000 sq.ft which was numbered by the Panchayat as IV/357B of Pallivasal Panchayat. It is further claimed that the property was cultivated with cardamom. Substantial portion of land is used for the said purpose, except for the existence of a small house which is used by the petitioner and other owners. At paragraph 2 of the Writ Petition, petitioner explains how the title has passed on to Ajitha Joshy so far as a small portion of larger extent of 10 acres which again is part of 17 acres block. The fact remains original owner got this land by way of assignment and the land was transferred to different people. In the said process, this petitioner along with nine people said to have purchased 32.949 cents of land.

(3.) AS against this, the respondent authorities have filed a counter affidavit explaining all the details by the District Collector. But, according to him, they have constructed a resort known as 'Cochin Resort' in the said land. It is further said though the land was not coming under the purview of Cardamom Hill Reserve, the same is reserved for cardamom cultivation. Therefore, it is governed by Cardamom Rules of 1935 and Cardamom Hill Rules, 1961. It is further said the original survey no. of the land in question was 19/1 and subsequently new numbers were allotted that is 373/2, 480, 371 way back in 1950s. The land in question is part of land comprised in 373/2 and 480 according to the revenue document is the stand of the second respondent. They further enumerate the procedure how the land was assigned and why the land in question is attracted to above said Rules.