AKALAKUNNAM PANCHAYAT Vs. STATE OF KERALA

JUDGEMENT

(1.) THE oft repeated controversy relating to the effect of vesting and transfer of road and thodu purambokes to Panchayats under the provisions of S. 62 (1) and S. 82 (1) of the Kerala Panchayat Act arises for consideration in this original petition.

(2.) BY a notice dated 25-4-1981, the third respondent -Tahsildar, Kottayam, requested the petitioner-Panchayat to publish 16 notices issued under R. 12 of the Kerala Land Assignment Rules, 1964. Those 16 notices related to road and thodu purambokes within the Panchayat. The Panchayat gave a reply Ext. P-1 dated 2-6-1981, stating that the concerned purambokes have statutorily vested in the Panchayat, and therefore, the Panchayat alone has got the right to assign or otherwise deal with those plots of lands. Reference was also made to the judgments of this court in O. P. No. 2978 of 1967 dated 20-12-1967 and O P. No. 4459 of 1979 dated 1-10-1980. On receipt of the objection, the third respondent-Tahsildar requested the petitioner-Panchayat to forward copies of these two judgments by Ext. P-2 letter. Those copies were produced along with Ext. P-3 letter dated 8-7-1981. The Panchayat did not hear anything further about the matter It was reasonably apprehended that the third respondent may proceed with the assignment without considering the objections of the Panchayat or affording it an opportunity of being heard on Ext. P-1 objections. This original petition was filed at that stage, seeking the issue of a writ of certiorari to quash the 16 notices issued to the third respondent, and a declaration that all the road and thodu purambokes within the area of operation of the petitioner-Panchayat had vested in the Panchayat under S. 62 and 82 of the Panchayats Act, and that the Revenue Department and the respondents had ceased to have any interest over such lands. Other incidental reliefs are also sought by the petitioner-Panchayat.

(3.) COUNSEL for the petitioner referred to the decisions of this court reported in 1972 KLT 325, 1974 KLT 136 and 1980 KLT 843, in support of his submission that S. 62 and 82 of the Kerala Panchayats Act as it stands at present, vest absolute rights in the Panchayat and therefore, the revenue authorities have no right to assign or otherwise deal with the properties. COUNSEL for the respondents refers to the decision reported in 1982 KLT 252 to sustain his submission that it should be specifically pleaded and proved that the area falling within the Panchayat and specifically covered by the provisions of S. 82 of the Act alone can be treated as vested in the Panchayat.