JIMMY KURIAN Vs. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, AND OTHERS

JUDGEMENT

(1.) The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.Sreekumar G.Chelur, learned counsel appearing for the petitioner and Smt. A.C. Vidhya, learned Govt. Pleader appearing for the respondents.

(3.) The petitioner claims that he is eligible for grant of patta as per the provisions of the Kerala Land Assignment (Regularisation of Occupation of Forest Lands prior to 1.1.1977) Special, Rule, 1993. The petitioner had applied for grant of patta for the above said land before R-3 (Tahsildar) under the provisions of the above said Rules and since no orders were passed thereon, the petitioner had approached this Court by filing W.P.(C).No. 36514/2010 and this Court as per Ext.P-1 judgment dated 23.12.2010 disposed of the said W.P.(C). directing the Tahsildar to consider the application of the petitioner and pass orders thereon in accordance with law. Pursuant thereto, R-3 Tahsildar had passed Ext.P-3 order dated 30.3.2012 rejecting the application of the petitioner for assignment under the above said rules. It was stated in Ext.P-3 that, on verification of the survey/resurvey records and site inspection, it was found that the subject matter of assignment has been recorded as VERNACULAR MATTER in the resurvey land register. That as per Rules 2(1) and 6(1) of the above said Special Rules, 1993, assignment of such lands are prohibited. Hence it was stated that the said land is ineligible for assignment under the Special Rules. Thereupon, the petitioner had filed appeal before the Revenue Divisional Officer, Devikulam, in which Ext.P-5 order dated 21.6.2014 was passed, whereby Ext.P-3 order dated 30.3.2012 of the Tahsildar was set aside and the matter was remitted to the Tahsildar to reconsider the application for assignment filed by the petitioner. In Ext.P-5 order it has been inter alia stated in internal page 3 thereof that on inspection it was found that the land is cultivated with jack fruit tree, pepper and is also having coconut trees of more than 20 years age and a building which would have been constructed 25 years ago, etc.