THEVAN THANKACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed under Article 226 of the Constitution of India by the petitioners in the respective writ petitions seeking various reliefs pertaining to the properties occupied by them at Venkayappara Tribal Settlement in Anaviratty Village of Idukki District. In W.P.(C)No.12982 of 2022 the petitioners are seeking a writ of certiorari to quash Ext.P8 notice dtd. 10/2/2022 issued by the Tribal Development Officer, Adimaly, directing the deceased 1st petitioner therein to occupy the 1 Acre of property allotted to him in Chinnakanal Village and Ext.P9 letter dtd. 25/2/2022 issued by the Additional Chief Secretary to the Government to the 1st petitioner informing him that the Government have no authority to consider the revision filed by him under the Kerala Land Assignment Rules, 1964 and also seeking a writ of mandamus commanding the 1st respondent State of Kerala to consider and pass appropriate orders on Ext.P7 revision filed by the petitioners challenging Ext.P6 order dtd. 29/10/2021 passed by the 4th respondent Sub Collector, Devikulam dismissing the statutory appeal preferred by the petitioners against the decision of the Tahsildar, Devikulam, rejecting the application filed by the petitioners for assignment of the land in their occupation. In W.P.(C)No.41348 of 2023 the petitioners are seeking a writ of mandamus commanding the respondents therein to assign 2.5 acres of land each to the petitioners, which they claim as in their possession at Venkayappara Tribal Settlement.

(2.) The petitioners 1 to 4 in W.P.(C) No.12982 of 2022 as well as the petitioners in W.P.(C) No.41348 of 2023 are members of scheduled tribe community and the 5th petitioner in W.P.(C) No.12982 of 2022 is a member of scheduled caste community. All the petitioners were originally residing at Mathikettan tribal settlement in Idukki District. According to the petitioners, during the year 2002, they were evicted from Mathikettan settlement by giving some assurances for their rehabilitation. They were assured that they would be assigned with 4 Acres each at different places in accordance with the agreement entered into between the Tribal Union and the Government. In terms of that agreement, they were granted patta for one Acre of land each in Chinnakanal village. The 5th petitioner in W.P.(C) No.12982 of 2022, not being a member of scheduled tribe, was not given the patta. However, she and her family also moved with the remaining petitioners to Chinnakanal village. The petitioners could not develop their lands allotted at Chinnakanal due to elephant attack. Therefore, the District Collector, Idukki, permitted them to reside in the land earmarked for tribals at Venkayappara tribal settlement situated in Anaviratty village. They developed the land occupied by them at Anaviratty village, by cultivating bamboo, cardamom, coffee, pepper, etc. Even though the petitioners submitted applications before the Additional Tahsildar Devikulam for issuance of patta for the land in their respective possession in Venkayappara tribal settlement at Anaviratty village, no action has been taken on those applications. Hence they were constrained to approach this Court by filing W.P.(C) No.2026 of 2014, seeking a Writ of Mandamus commanding the respondents to assign 2.5 Acres each to the petitioners after taking back the land allotted to them at Chinnakanal village. During the pendency of that writ petition, one Vincy Cherian and others approached this Court claiming possessory right over 50 acres of Government land by filing W.P.(C) No.20292 of 2014. By the common judgment dtd. 17/12/2015, this Court disposed of the writ petitions holding that the claim of assignment of the petitioner in W.P.(C) No.2026 of 2014 shall be considered depending upon the outcome of the challenge made by the petitioner in W.P.(C) No.20292 of 2014. If the Hon'ble Supreme Court dismisses the appeal filed by the petitioner in W.P.(C) No.20292 of 2014, necessarily the application of the petitioners in W.P.(C) No.2026 of 2014 shall be considered within a period of four months from the date of receipt of a copy of the judgment of the Hon'ble Supreme Court.

(3.) In W.P.(C) No.12982 of 2022 the 4th respondent and in W.P.(C) No.41348 of 2023 the 5th respondent filed counter affidavits opposing the averments in the writ petitions.