STATE OF KERALA Vs. T.V. HARIDASAN

JUDGEMENT

(1.) The State of Kerala has filed this Appeal under Sec. 5 of the Kerala High Court Act, 1958, challenging the order passed by the learned Single Judge dtd. 10/11/2017 in W. P. (C) No. 26128 of 2008, in which the learned Single Judge held that the Respondent / Petitioner is entitled to the allotment of public land and that a sale deed be executed in his favour.

(2.) The subject matter of these proceedings is a portion of the land in Re-Sy. No. 102/4 of Valiyannur Amsom Varam Desom of Veliyannoor Village of Kannur Taluk, which was acquired for the Pazhassi Irrigation Project from one Puthiyapurayil Nabeesa Fathibi R. and vested the same with the Irrigation Department. A portion of the land had remained in excess after the original use.

(3.) Earlier, the State of Kerala had issued executive instructions with respect to the lands that remained unutilised after the purpose for which the lands were acquired was achieved that such land could be disposed of to the erstwhile owner. The High Court of Kerala had declared these executive instructions invalid, being in contravention of the Kerala Land Assignment Act, 1960. The Hon'ble Supreme Court dismissed the appeal by the State of Kerala in the case of State of Kerala v. Bhaskaran Pillai 1997 (2) KLT 217 (SC), confirming the view taken by the High Court that such executive instructions could not have been issued, and once the land by operation of Sec. 16 of the Land Acquisition Act, 1894 stood vested in the State free from all encumbrances, its alienation has to be in the public interest.