DISTRICT COLLECTOR WAYANAD Vs. M.N.DEVIPRASAD

JUDGEMENT

(1.) As all these cases involve a common issue, they are taken up together for consideration and disposed by this common judgment. For the sake of convenience, we shall refer to the facts in W.P.(C).No.731 of 2019, from which W.A.No.2227 of 2019 arises.

(2.) The writ petitioners had earlier approached this Court through W.P.(C).No.9216 of 2011 challenging the notices issued to them by the Tahsildar, Vythiri Taluk in Form 'C' under Rule 11 of the Kerala Land Conservancy Rules [hereinafter referred to as the "Rules"]. By a judgment dtd. 16/6/2017, the said writ petition was disposed by quashing the impugned notices and directing the Tahsildar to hear the parties concerned, consider their objections and pass a reasoned order adverting to the said objections. It would appear that the Tahsildar thereafter heard the writ petitions and passed an order dtd. 3/5/2018 followed by fresh notices in Form 'C' under Rule 11 of the Rules. The said order and notices were impugned in the writ petition.

(3.) The challenge in the writ petition was essentially threefold, in that it was contended (i) that the Tahsildar (LR) had no jurisdiction to act as a "Collector" under Sec. 15 of the Kerala Land Conservancy Act [hereinafter referred to as the "Act"] and to pass the order that was impugned in the writ petition; (ii) that the Tahsildar had not adverted to the jurisdictional fact required to be established before passing the impugned order; and (iii) that the Government could not disturb the settled possession of the land through the Land Conservancy proceedings without first ascertaining the true nature of such possession.