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Judgment
A.Muhamed Mustaque, J
Admit
Learned Government Pleader takes notice for the respondents.
The learned Government Pleader Sri. Jaffer Khan opposed the prayers for the interim order and submitted that more than Rs.10 Crores is due by
way of lease rent. The primary issue to be decided in this case is the jural relationship between the occupant and the Government and the right of the
Government to proceed against the occupant of the land under the erstwhile Cochin State. The issue in the writ petition would have a larger impact on
similar occupants.
This Court need to decide upon the jural relationship between such occupant and the Government. Therefore, we are of the view that if such a
direction is issued it would go against the very foundation of challenge to the rent under the Assignment of Land in Municipal and Corporation Area
Rules, 1995. The occupation of the land appears to be in the year 1933. The learned Senior Counsel for the petitioner submits that no parent
enactment is available to cover such claim over the land and, therefore, the validity of the Rules in that account will have to be decided in this case.
The Kerala Land Assignment Act came into force only in the year 1960. How far it would have an impact upon the occupant of the land prior to the
enactment is a serious issue to be decided in this matter. Therefore, it is appropriate to direct to defer recovery of the rent claimed by the State. The
matter itself has to be decided. We adjourn this matter for hearing after two months.
The status quo as on today shall be maintained.