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Judgment
Soumen Sen, C. J.
The petitioner is not represented. Since the learned Special Government Pleader for the Revenue Department is not present, we requested Ms. B. Vinitha, learned Senior Government Pleader, to appear in the matter. We have heard the learned Senior Government Pleader accordingly.
It appears that a previous Bench had accepted the locus standi of the petitioner, being satisfied that he conforms to the prescribed guidelines and is capable of establishing his credentials, in terms of the decisions in Shaheer Ali @ Shaheer Chingath v. Chairman, State Bank of India, Mumbai and Ors1 and A. K. Balakrishnan Nair v. the Chief Secretary to the Government of Kerala, Secretariat, Trivandrum & Another2. However, the petitioner is not present today.
The issue raised in this Public Interest Litigation pertains to the distribution of land to landless persons in Irimbiliyam Village. The allegation in the petition is that, despite the availability of excess land in the said village, the Government has failed to distribute such land to the landless.
In the counter affidavit filed by the Deputy Collector, Malappuram, it is stated that as per order dated 05.11.2012 of the Land Board, the land was directed to be taken over as the land was ‘nanja’ land and not suitable for making construction of houses. It was informed by the Additional Tahsildar, Tirur vide letter dated 08.10.2014 that land is already taken over by the Government. As per order dated 10.01.2022, the Land Board has recorded the above aspects and also found that there are no encroachment on the land and the land is ‘nanja’ and lies as water logged in between other agricultural lands. In the result, the Land Board passed an order reserving the 10.17 Acres land for public purpose. Thereafter, the Secretary of the paddy cultivation samithi preferred application seeking assignment of the land on lease for agricultural purposes and the Tirur Tahsildar was directed to submit the lease proposal. As the excess land has been reserved for public purpose in order to give it on lease for agricultural purpose, order has to be passed reserving it. The above application is pending consideration.
The order dated 10.01.2022 has been disclosed in the counter affidavit, which indicates that the land is not fit for assignment for residential purposes. No reply affidavit has been filed by the petitioner to the counter affidavit.
It is submitted on behalf of the State respondents that there exists a scheme for rehabilitation of landless persons and that the same is an ongoing process. However, the learned Senior Government Pleader submits that details of landless persons in the concerned village are not presently available.
Ms. B. Vinitha, learned Senior Government Pleader, has rightly pointed out that neither in the writ petition nor in the accompanying affidavit has the petitioner furnished particulars of the landless persons who are sought to be rehabilitated. In the absence of such particulars, and in view of the justification offered in the counter affidavit for not assigning the land in question, it may not be feasible for the authorities to undertake rehabilitation in the manner sought.
However, having regard to the fact that the rehabilitation of landless persons is the subject of an ongoing Government Scheme, we deem it appropriate to direct that the authorities shall ascertain whether there are eligible landless persons in the concerned village. In the event such persons are identified, appropriate steps shall be taken for their rehabilitation in accordance with the applicable Scheme and its criteria.
Accordingly, the writ petition is disposed of by accepting the report and directing the Principal Secretary, Revenue Department, to identify eligible landless persons under the rehabilitation Scheme. The Secretary, District Legal Services Authority (DLSA) of the concerned district shall extend assistance to the Principal Secretary in this regard.
A copy of this order shall be forwarded to the Member Secretary, Kerala State Legal Services Authority (KeLSA), as well as to the Secretary, DLSA of the concerned district, for information and necessary action.
The learned Senior Government Pleader is also requested to communicate this order to the Principal Secretary, Revenue Department, for information and compliance.
APPENDIX OF WP(C) NO. 33112 OF 2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MINISTER FOR REVENUE AND HOUSING (KERALA) DATED 25.08.2023
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY THE OFFICERS OF THE REVENUE MINISTER DATED 26.09.2023
Exhibit P3 THE TRUE COPY OF THE COMMUNICATION ISSUED BY COLLECTORATE, MALAPPURAM DATED 19.10.2023
Exhibit P4 THE TRUE COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 30.10.2023
Exhibit P5 THE TRUE COPY OF THE RELEVANT PAGE OF THE ORDER OF THE LAND TRIBUNAL, TIRUR DATED 30.11.1999