BIJIMON K.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) The writ petitioner, a resident of Ernakulam District applied for assignment of land invoking provisions of the Kerala Land Assignment (Regularisation of Occupation of Forest Lands Prior to 1/1/1977) Special Rules, 1993 (hereinafter referred to as the "Special Rules 1993'). The application was submitted for assignment of 4 acres of land in Survey No.384, 400/1 of Block No.36 in Vathikudy Village of Idukki District. According to the petitioner, his predecessor-in-interest was in occupation of the land prior to 1/1/1977. The petitioner applied for assignment of land on 8/12/2017.

(2.) Admittedly, the land is situated in Cardamom Hill Reserve in Udumbanchola Taluk. There is no dispute to the fact that Special Rules 1993 would apply for assignment of land situated in Cardamom Hill Reserve.

(3.) According to the petitioner, this land was part of Survey No.1/1 of Konnathady Village of Udumbanchola Taluk. The petitioner submitted that the predecessor-in-interest Shri Monikutty Mathew made an application for leasing the land for cardamom cultivation. It is further submitted that occupation of land by predecessor-in-interest was acknowledged by the revenue authorities as evident from Exts.P1(a), P2 and P3. The petitioner, placing reliance on Ext.P3(a), a report of the Special Deputy Tahsildar, Devikulam, to the Assistant Settlement Officer, Kumali, submitted that the entire area was converted much prior to 1977 and, therefore, there is no embargo in assigning the land under the Special Rules 1993. The petitioner's application for assignment was considered by the Special Tahsildar. The Special Tahsildar, by Ext.P17 found that the land is not included in the list prepared under the Special Rules 1993 and absolutely no records were produced to show that this land is included in the fair land register as an assignable land. It is further observed that if such assignment is given, it will adversely affect the Cardamom Hill Reserve.