ARYAN KOCHUNNI NAYAR Vs. DISTRICT COLLECTOR ALLEPPEY

JUDGEMENT

(1.) The sole question for determination in this appeal is whether a writ of certiorari is available against the order of a Collector refusing to grant a certificate under S.14 of the Kerala Land Reforms Act, 1963. The answer depends on whether he has a duty to act judicially in dealing with an application under that provision.

(2.) If the Collector has a duty to act judicially, the principle of audi alteram partem the canon of natural justice which ensures the right to a hearing comes into the picture. It will follow that this appeal has to be allowed as it is common ground that the appellant was not heard in support of his petition or in opposition to the objections filed against his application.

(3.) S.13 of the Kerala Land Reforms Act, 1963, provides for fixity of tenure. Sub-s.(1) thereof says that notwithstanding anything to the contrary contained in any law, custom, usage or contract, or in any decree or order of court, every tenant shall have fixity of tenure in respect of his holding, and no land from the holding shall be resumed except as provided in S.14 to 22.