DEVIPRASAD Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) In this Writ Petition, the petitioners question the legality of an order of eviction and consequential proceedings under the Kerala Land Conservancy Act, 1957.

(2.) The petitioners had earlier approached this Court by W.R(C) Nos. 9216/2011 and 24352/2011 challenging Form 'C' notices issued to them to remove encroachment as contemplated under Rule 11 of the Kerala Land Conservancy Rules, 1958 (for short, the "Rules"). This Court by judgment dated 16.6.2017, set aside Form 'C' notices issued against them noting that it was not preceded by a final order as contemplated under Rule 11 of the Rules and, directed the Tahsildar to pass a reasoned order after adverting to the objections. Accordingly, the Tahsildar, Land Records passed the impugned order on 3.5.2018. Thereafter, Form 'C' notices were served on the petitioners on 25.12.2018 and the petitioners were evicted from the land.

(3.) The petitioners claim that they were in possession of the land through the predecessor-in-interest from the year 1930 onwards. The land was planted with Coffee. It also seems that Coffee plantation was assessed by the Government for Plantation Tax. The petitioners, however, admits that the land belongs to the Government in Jenmom. According to them, the predecessor-in-interest was put in possession of the land based on the then policy of the Government for bringing wasteland under the cultivation.