Kerala Government Land Assignment Act Not Intended To Enrich Persons Who Hold Extensive Land: High Court

“.. various provisions in the Kerala Government Land Assignment Act and Kerala Land Assignment Act and the Kerala Land Assignment Rules would unmistakably show that the Act and the Rules are intended to protect landless people by assigning to them government lands for cultivation and other purposes… We are of the view that the Acts and Rules are not intended for enriching persons who hold extensive lands. Assignment on Registry of Government lands to such persons would defeat the very purpose of the Act and Rules.”

The Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. observed that as per the Rules, Government can assign land under the Rules for personal cultivation, construction of houses and for the enjoyment of adjoined registered holdings. Priority is given to landless people, members of Scheduled Caste and Scheduled Tribes, Ex-servicemen, persons disabled in active military service, persons who are dependents of those who are killed or disabled while in active military service, small holders whose family income is less than Rs.10,000/- certain category of kumkidars etc.

Background of the Case

The petitioners are legal heirs of Sri. Ouseph Varkey. He occupied government land and started cardamom cultivation in Anaviratty village in Idukki. He sought for assignment of registry for 50 acres of land under Cardamom Rules 1935. Subsequently another application was filed for another 46 acres. The second application was initially by the Devikulam Commissioner but was accepted subsequently by the Land Revenue Commissioner in an appeal. The Land Revenue Commissioner held that the applicant was entitled for another 49 acres of additional land. However, before the decision was implemented, a government order was passed saying a single applicant is entitled to get only 60 acres on registry. The claim is that since the application was made prior to the government order, he is entitled to get total 99.61 acres of land and similarly placed persons were granted land. Ouseph Varkey died in 1956

The High Court in a 2013 judgment (WA 2090/ 2004) held that by virtue of the Kerala Interpretation and General Clauses Act, 1125, the Cardamom Rules of 1935 is repealed by virtue of Section 9(3) of the Land Assignment Act 1950. The Bench found that till the Rules were repealed, the applicant had not acquired any right capable of enforcement under the Rules.

The petitioner filed a review for this judgment. The review was dismissed with the observation that the claimants could raise a claim under any other law if they were entitled for the same. After that, the petitioners moved a representation before the Government seeking assignment of 99.61 Acres of land. The High Court directed the representation to be considered within a timeframe. The representation was rejected by the Government. Against this order, the petitioners approached the instant petition was filed.

Observations of the Court

The Court noted that in their representation, the petitioners have not made the claim under any statute. The Court said that it cannot issue a direction contrary to law. The Court also observed that since the High Court had already held that the petitioners have not acquired any rights under the Cardamom Rules, it cannot direct the authorities to act in contrary to the provision in Kerala Land Assignment Act.

Accordingly, the petition was dismissed.

Counsel for the Petitioners: Adv. John Neelima Sarai

Counsel for the Respondents: Advocates A. V. Jojo, A. X. Varghese

Case No: WP(C) 26327 of 2021

Case Title: Vincy Cherian and Others v The District Collector and Others

Citation: 2025 LiveLaw (Ker) 291