JAYA PAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Sri. T.M. Abdul Latheef, the learned counsel for the appellant/writ petitioner in these two Writ Appeals and Sri. Sandesh Raja, the learned Special Government Pleader for the State authorities.

(2.) The common challenge here is to the judgment dated 12016 in W.P(C). Nos. 7383 of 2010 and 27395 of 2010, whereunder, the writ petitioners were declared to be encroachers of Government lands in possession of the Kerala Forest Department. With such finding, the claim for assignment by the encroachers, were found to be unmerited, notwithstanding the developments of the land made by the encroachers. The court further noted that the area concerned is demarcated for allotment to tribals under a scheme formulated by the Government. Thus, it was concluded that the writ petitioners have no sustainable claim and accordingly both petitions were dismissed.

(3.) Learned counsel for the appellant submits that the petitioners are entitled for assignment under the Kerala Land Assignment (Regularisation of the Occupations of Forest Lands Prior to 1.1.1977) Special Rules, 199 He submits that since the petitioners and their predecessors are in long occupation of the land in question, they are entitled to preferential assignment under the Special Rules, 199