MUKKUNNIMALA GOVERNMENT AIDED RUBBER PLANTERS CO-OPERATIVE SOCIETY LTD NO 226 PALLICHAL, MALAYINKIL P O, NEYYATTINKARA, THIRUVANANTHAPURAM Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is a Co-operative Society, challenging Ext.P12 order by which Government decided to reserve an extent of 3 Acres of land comprised in Re survey No.58/1 of Block No.4 in Pallichal Village in Neyyattinkara Taluk for the Zero landless Citizen Kerala Project and lease out 50 cents of land to Block Panchayat Nemam, for establishing a dairy farm project, out of the total extent of 3.50 Acres Government Puramboke land.

(2.) Petitioner claims that the land is in its possession and that it was allotted by Government for the benefit of 126 persons under the rubber plantation scheme in the year 1966, in Mookunnimala and that petitioner Society was formed for the welfare of those allottees on directions issued by Government. Petitioner claims that it had already submitted an application for assignment of the land and the Society has been functioning in the said land covered by Ext.P12 order. It is stated that Ext.P1 memorandum was submitted before the Minister for Revenue on 15.07.1997 for assignment of the said land. The application was forwarded to Government and as per Ext.P2 endorsement dated 11.09.1997 the District Collector had called for a report from the Tahsildar, Neyyattinkara on 28.10.1997 and the Tahsildar had in turn called for a report from the Village Officer, Pallichal, as per Ext.P3 letter dated 06.11997. The Village Officer had as per Ext.P4 letter dated 01.01.1998 furnished a report in favour of the petitioner. Petitioner has also produced Ext.P5 mahazar in respect of the property submitted on 29.11997, in which it was stated that there were 718 rubber trees and 32 trees. Petitioner has produced Ext.P6 possession certificate dated 13.07.1994, according to which the petitioner Society had been in possession of the said land. Petitioner submits that Ext.P8 application was submitted on 03.01.2002, for assignment of the said land. Ext.P12 order was passed thereafter. Petitioner has filed this writ petition challenging Ext.P12 order, alleging that it was issued without notice to petitioner and without taking any action on its petition for assignment. It is stated that there are rubber trees having an age of 20 years in the property, which has been in possession of the Society for the last 50 years. It is their case that the finding in Ext.P12 that the common purpose of the allottees does not exist as at present is incorrect. According to the petitioner, the legal heirs of the allottees are holding the property and rubber cultivation continues there.

(3.) Respondents have filed a counter affidavit. It is stated that land was allotted in 1970's under the Special Rules for assignment of Government land for Rubber Cultivation, 1960 to select persons in order to start plantations in Mukkunnimala area of Pallichal Village and that patttayams were issued to the allottees for Rubber Cultivation, after levying land value fixed by the Government and effecting necessary changes in the revenue records; but most of the allottees had alienated the land; most of them abandoned rubber cultivation; however land was never allotted or assigned to the petitioner society. It is also stated that petitioner was not in possession of the said land and therefore it was not necessary to issue any notice to petitioner. It is stated that the land continues to be a puramboke land, which Government can utilize; it is further stated that the President of Nemam Block Panchayath had submitted a representation requesting Government for allotment of 50 cents of land comprised in Resurvey 58/1 of Pallichal Village, on lease, for implementing the Kerala Government Scheme of High Tech Dairy Project. Thereupon, a detailed enquiry was conducted through the Village Officer, Pallichal and the Village Officer in his report dated 06.12.2013, stated that as per BTR, 1.4730 hectare of land comprised in resurvey no.58/1 of Pallichal village is in possession and enjoyment of Government; even though it was stated there is a terrace building with a Name Board "Mookunnimala Government Aided Rubber Planters Co-operative Society Ltd. No.226" (petitioner), nothing is mentioned in the report as to any occupation or legal possession as claimed by the petitioner. As per the records, it was found that the land is in possession of Government. The report was forwarded to District Collector. It is stated that the petitioner did not raise any objection before any of the authorities. The land covered by Ext.P12 continues to be a Government Puramboke land as evidenced from the BTR and Puramboke Register. It is also stated that the land is now used for different purposes other than rubber cultivation and not in possession and enjoyment of the petitioner. It is also stated that the petitioner does not have any right to get the land assigned to it. Government is at liberty to utilize the land for public purposes.