JOBY VETTIYADAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed with the following prayers:

(2.) Heard the learned counsel for the petitioners and the learned Special Government Pleader [Forests].

(3.) The petitioners, 41 persons in number, claim that they have been in possession of land in Survey No. 2019 of Kallamala Village, Manarkkad Taluk for over 5 decades. They claim that they are cultivating various agricultural crops in the land. They challenge Exts. P1 and P2 notices issued by the 4 th respondent seeking to vacate the land forthwith. It is stated that no notification has been issued under the Kerala Private Forests [Vesting and Assignment] Act, 1971 and the notices are being issued on the wrong presumption that the lands owned by the petitioners are vested in the Government. It is stated that some of the petitioners have absolute title over the property as evidenced by pattas issued in their name or in the name of their predecessors-in-interest and that they are entitled to possess property in terms of the pattas issued. Reliance is placed on a decision of the Apex Court in State of Kerala and Anr. Vs. Muhammed Basheer [2019 (1) KLT 386] to contend that the existence of a patta issued under the Land Reforms Act is evidence of lawful possession over the property. It was held that certificate of purchase is also a conclusive proof that the occupant was in possession of the land as a cultivating tenant and in such cases, the land would be exempt from vesting under sub section 2 of Section 3 of the Kerala Private Forests (Vesting and Assignment) Act, 1971.