J VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions concern assignment of land in favour of one Karthikeyan Nair. The said Karthikeyan Nair is no more. 11.90 acres of land in various survey numbers in Kunnathukal Village in Thiruvananthapuram District was given to Nair on lease by the Government for a period of 12 years as per the order dated 09.10.1948. The said period expired in the year 1960. This appears to have been given taking note of the fact that Nair was an Ex-serviceman. The Government did not take any action even after the expiry of lease and continued to accept rent from Karthikeyan Nair. It appears that he was making application for assignment of land. Anyhow, his application for assignment was considered by the Government on 13.07.1977. That application was rejected by the Government for the reason that there are buildings/huts constructed by Nair under occupation of others and he was never in occupation of those buildings. Therefore, the land in question was in possession of others for a long period and the request for assignment cannot be accepted. Thereafter, he approached this Court in O.P.No.3078 of 1977. This Court set aside the order. In that original petition, the occupants were not parties. However, the original petition was disposed of taking note of Rule 7 of the Kerala Land Assignment Rules, 1964. The Rule as above states that the person in occupation of the Government land under lease should be given priority than others. The Government was directed to consider the matter afresh. Thereafter the Government passed an order. This order is produced as Ext.P2 in O.P.No.6450 of 2002. The Government, by that order, decided to allocate the land as follows:

(2.) It appears that the Government had decided to assign 10 cents of land to 26 encroachers out of 39 and Karthikeyan Nair was found entitled for 8.50 acres of land. O.P.No.6450 of 2002 is filed by the legal heirs of Karthikeyan Nair for implementing the above order.

(3.) The petitioners in W.P.(C) Nos.27169 of 2007 and 18169 of 2016 question the Government Order sought to be implemented by the petitioners in O.P.6450 of 2002. According to them, they are in occupation and possession of the land in question for a long period and the order passed in favour of Karthikeyan Nair was without affording an opportunity of hearing.