ANTONY ROCKY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners, who are stated to be fishermen, are aggrieved by Ext.P5 order of the Tahasildar, Kollam, rejecting the applications submitted by the predecessors-in-interest for assignment of land in Block number 25, Resurvey No.155/1 of Mundakkal Village in Kollam District. It is the case of the petitioners that their parents were in possession and occupation of the said land since 1952, where they had constructed a residential house. In 1957, proceedings were initiated against them under Kerala Land Conservancy Act ('the Act' for short) (L.C.No. 69/1957) and based on the orders passed under Sections 7 and 8 of the said Act, as it stood prior to its amendment in 2009, they were paying prohibitory tax in respect of the land to the Government. In the writ petition, reference is made to Ext.P1 application for assignment that was preferred by the mother of the petitioners to contend that, it was taking note of the said application for assignment that they were not dispossessed from the land and they were permitted to continue on the land by suffering a prohibitory assessment of tax in respect of the said land. The grievance in the writ petition is essentially against Ext.P5 order of the 3 rd respondent, which rejects their application for assignment on the ground that the land in question is "Thodu Puramboke", which cannot be legally assigned.

(2.) A counter affidavit has been filed on behalf of the 2 nd respondent, wherein it is stated that the State Government has decided to clean the "Kollam Thodu" for enabling water transportation and promotion of tourism, and for this purpose, dredging and beautification is to be done on an emergency basis, for which, the land has been handed over to the Inland Navigation Department. Finding a major portion of the "thodu puramboke" as encroached, the State Government decided to evict the unauthorized occupants and rehabilitate them in a safer location. Accordingly, surveys were conducted by the Planning Department with the help of the Local Self Government Institution, and after a field inspection, a list of beneficiaries was prepared for the purpose of rehabilitation and the same was approved by the Government on the recommendations of the District Level Monitoring Committee. It is further stated that in order to rehabilitate the said encroachers, the Government has launched a package under the Tsunami Rehabilitation Housing Scheme, by which, land has been identified and residential buildings with all facilities such as water, electricity etc. constructed. The petitioners are also included as beneficiaries under the Rehabilitation Housing Scheme. It is stated, however, that the petitioners have refused to leave the puramboke area and accept the rehabilitation package.

(3.) I have heard the learned counsel appearing for the petitioners and also the learned Government Pleader appearing for the respondents.