The petitioners in WP(C).No.15158/2011 has approached this Court alleging that they are entitled for assignment of Government land as they were evictees from Perinjamkutty area in Idukki District by the Forest Department during 1975. It is alleged by the petitioners that they were assured alternative land. Seeking a direction by the revenue officials to provide alternative land, this writ petition is filed.
2. WP(C).No.29463/2014 is filed by one of the writ petitioners in WP(C).No.15158/2011 alleging that Hindustan News Print Limited is illegally cutting trees from the petitioner's property. The petitioner submits that application for issuance of patta is pending consideration before the authorities. It is further submitted that the WP(C).No.15158/2011 & WP(C).No.29463/2014-G.
2 above Company is attempting to cut and remove trees from the land on which the petitioner has applied for patta.
3. The learned Standing Counsel for the Hindustan News Print Limited submits that the petitioner is not in possession of any portion of the land which belongs to the Hindustan News Print Ltd. The Company is in possession of the property for captive plantation from 1993 onwards and they are entitled to cut and remove any trees under their custody for captive plantations. The learned Spl. Government Pleader submits that the petitioners are attempting to encroach upon the Government land to set up any right over the above property and none of the petitioners are in possession of any Government land by any valid document. On the other hand the petitioners rely on Ext.P11 series of applications for assignment of Government land. The petitioners also rely on Ext.P3 Division Bench judgment of this Court. In Ext.P3 this Court directed the Government to consider the grievance of the petitioner within a period of six months. The petitioners submit that WP(C).No.15158/2011 & WP(C).No.29463/2014-G.
3 the Division Bench has found that the petitioners are not the trespassers or encroachers. I am of the view, these are all matters to be considered by the District Collector, Idukki while processing Ext.P11 series of applications. The question is whether the petitioners are entitled for assignment of the land or not is to be determined by the District Collector. It is also need to be found out whether the Hindustan News Print Ltd., is in custody of the land mentioned in Ext.P11 series. Therefore, the District Collector, Idukki shall take a decision in the matter after hearing the petitioners and the representatives of Hindustan News Print Ltd., within a period of two months.
Writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (JUDGE) Kvs/-
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