The petitioner is in possession of 4 cents of land in Survey No.62/9 of the Kannan Devan Hills Village, Devikulam Taluk. According to the petitioner, she is in the possession of the above property since 1975. The petitioner also relies on Ext.P1 order of assignment dated 22.6.2001 passed by the 3rd respondent. 3. A statement has been filed by the 3rd respondent, Tahsildar in this matter. It is stated that the petitioner is trying to encroach upon the Government Land in Sy.No.62/2009 of Kannan Devan Hills Village. It is further stated that Ext.P1 issued in favour of the petitioner is not a genuine one and the above mentioned land is not included in the approved list of assignable land.
3. Section 3 of the Kannan Devan Hills (Resumption of Lands), Act 1971 (hereinafter referred to as the 'Act' for short) states that, except certain types of land, all other lands shall stand transferred and vested with the Government. Therefore, unless the W.P.(C).No.19142 of 2014 2 petitioner falls in exempted category under Section 3 cannot claim any title or legal possession over the land included in the Act. However Section 9 of the Act provides assignment of lands. The assignment of lands for the purpose of promotion of agriculture or the welfare of the agricultural population to be settled on such lands. The Act mandate action against persons who are in possession of the land after appointed day. The appointed day is 21.01.1971. Therefore, even a person who is in possession before the appointed day can be evicted. Thus, any documents relied on by the petitioner to evidence possession may not have any relevance except for a consideration of priority for assignment of lands, if otherwise satisfies the eligibility for assignment in terms of Section 9 of the Act.
4. Though the petitioner cannot claim as a matter of right to occupy any parts of land in the Kannan Devan Hills area, I am of the view that the District Collector shall take a decision whether the petitioners are entitled for assignment of land in terms of Section 9 of the Act. The assignment of land for the purpose of promotion of agriculture or the welfare of the agricultural population to be settled on such lands is not prohibited. This should be decided with the objective to promote agriculture and also to secure the welfare of the W.P.(C).No.19142 of 2014 3 agricultural population. The land cannot be assigned for any other purpose. If the District Collector is proposed to assign the land, the assignment shall only for the purpose mentioned in Section 9 of the Act subject to such terms and conditions and restriction as the District Collector may feel fit to impose.
Thus, this writ petition is disposed of directing the District Collector to take a decision in the matter, after affording an opportunity of hearing to the petitioner within four months from the date of receipt of a copy of this judgment. If the District Collector takes the decision to refuse assignment of land, he shall take steps to summarily evict such persons, who are not assigned with the land. This shall be done within further period of three months after the final decision in assignment proceedings. The petitioner shall not cut and remove any trees in the property claimed by them in their possession. No coercive steps shall be taken against the petitioner till the final decision is taken on assignment of the land.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/