M.V. Shreyams Kumar v. State of Kerala and Tahsildar, Sultan Battery Taluk, Wayanad District

**IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE S.SIRI JAGAN** **WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933** **WP(C).No. 16422 of 2007(E)** **-----------------------------------** **PETITIONER:** **---------------** **M.V.SHREYAMS KUMAR, AGED 40 YEARS, S/O M.P.VEERENDRA KUMAR, KRISHNAGIRI ESTATE, KALPETTA NORTH P.O., WAYANAD DIST.** **BY ADV. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.R.JAYACHANDRAN** **RESPONDENT(S):** **---------------** **1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.** **2. THE TAHSILDAR, SULTAN BATTERY TALUK, WAYANAD DISTRICT, P.O.SULTAN BATTERY.** **ADV. SRI.BABU JOSEPH KURUVATHAZHA FOR ADDL.R3 SRI.K.I.SAGEER FOR ADDL.R3 SRI. SREEKRISHNA GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **WP(C).No. 16422 of 2007** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** - EXT.P1: COPY OF COMMUNICATION DTD 28.5.94 SENT BY TAHSILDAR, SULTAN BATTERY TALUK OFFICE TO THE PETITIONER. - EXT.P2: COPY OF THE COMMUNICATION DATED 29.6.94 SENT BY THE PETITIONER TO THE TAHSILDAR, SULTAN BATTERY. - EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER IN THE PRESCRIBED FORM. - EXT.P4: COPY OF THE COMMUNICATION DATED 11.11.05 BY THE PETITIONER TO THE DISTRICT COLLECTOR, WAYANAD DIST. - EXT.P5; COPY OF THE APPLICATION 19TH NOVEMBER, 2005 BY THE PETITIONER TO THE HON'BLE MINISTER FOR REVENUE . - EXT.P6: COPY OF THE COMMUNICATION DATED 15.12.05 SENT BY ADDL. SECRETARY TO THE PETITIONER. - EXT.P7: COPY OF COMMUNICATION DATED 30.12.05 SENT BY THE PETITIONER TO THE ADDL. CHIEF SECRETARY. ## RESPONDENTS' EXHIBITS - EXT.R3(a) TRUE COPY OF PARTICULARS OF THE PLANTATION MAINTAINED IN THE NAME OF THE PETITIONER SUBMITTED BEFORE THE LAND BOARD ON 11.12.72 BY THE GUARDIAN OF THE PETITIONER. - EXT.R3(b): COPY OF THE REPLY GIVEN BY THE CHIEF MINISTER OF THE STATE DATED 18.3.05 TO THE QUESTION NO.3122 IN THE HON'BLE LEGISLATE OF THE STATE. - EXT.R3(c): COPY OF THE REPORT DTD 30.8.88 SUBMITTED BY THE SUB COLLECTOR, WAYANAD TO THE BOARD OF REVENUE, THIRUVANANTHAPURAM. ## TRUE COPY PA TO JUDGE. ## **S. SIRI JAGAN, J.** ----------------------------- ## W.P.(C).No. 16422 OF 2007 ----------------------------------Dated this the 1[st] June, 2011 ## **J U D G M E N T** This writ petition is filed by a Member of the Legislative Assembly of the State of Kerala, seeking the following reliefs: “i) To issue a Writ of Mandamus or any other appropriate writ, order or direction directing the respondents to take up and consider and pass appropriate orders on the application submitted by the petitioner under the Kerala Land Assignment Act in the prescribed form, without delay; ii) To issue a Writ of Mandamus or any other appropriate writ, order or direction forbearing the respondents from dispossessing the petitioner from the land until disposal of the said application submitted by him; The petitioner seeks assignment of 16.75 acres of Government land allegedly in his possession. According to the petitioner, the land was entrusted to the petitioner's grandfather for cultivation as per a scheme of the Madras Government named as “Grow More Food Campaign” and by succession the petitioner is in possession of the same. The petitioner claims that, since he is entitled to assignment of the land, he has applied for such assignment, which application is not being disposed of by the Government. 2. At the time of admitting this writ petition, I passed the W.P.(C).No. 16422 OF 2007 :2: ## following order on 02.07.2007. “Admit. The learned Government Pleader takes notice on behalf of the respondents. The respondents shall file a counter affidavit giving the following details. 1) Whether the lands in question are assignable lands? 2) Whether these lands are earmarked for assignment to any other category of persons? 3) Whether the petitioner is eligible for assignment under the Kerala Land Assignment Rules? 4) Details of the petitioner's other properties. Post after a month. Hand over a copy of the order to the learned Government Pleader.” 3. A counter affidavit has been filed by on behalf of the 1[st] respondent wherein these questions have been answered thus: “ |Sl.<br>No.|Details called for|Response| |---|---|---| |1|Whether the lands<br>in question are<br>assignable<br>landsSMT|The land in question, ie. 5,6000 ha. of<br>Govt. land comprised in Re. Survey No.<br>701/3 of Block 21 of Krishnagiri<br>village (Old Survey No. 754/2 Part)<br>was included in the list of assignable<br>lands by the District Collector,<br>Kozhikode vide his Proceedings No. L-<br>7/38538/73 dated 31.12.1974.| |2|Whether these lands<br>are earmarked for<br>assignment to any<br>other category of<br>persons|The land in question, ie. 5,6000 ha. of<br>Govt. land comprised in Re. Survey No.<br>701/3 of Block 21 of Krishnagiri<br>village (Old Survey No. 754/2 Part) is<br>not earmarked for any particular<br>category of persons.| W.P.(C).No. 16422 OF 2007 :3: |Sl.<br>No.|Details called for|Response| |---|---|---| |3|Whether<br>the<br>petitioner is eligible<br>for assignment|A person is eligible to get 15 cents<br>(6.072 Ares) of land under Rule 6 (2) of<br>the Kerala Land Assignment Rules, if<br>such assignment is necessary for the<br>beneficial enjoyment of the land. The<br>petitioner is not eligible for assignment<br>of the land in question as per the<br>provisions of Rule 5 (1) or 5 (2) ir 6 (1)<br>of the Kerala land Assignment Rules, as<br>the petitioner is already in possession of<br>land in excess of the limits specified in<br>the said Rules. Moreover, the<br>Government may assign the land as per<br>the provision of Rule 24 of the Kerala<br>land Assignment Rules.| ## 4. **Details of the petitioner's other properties.** Details of the landed properties of the petitioner are furnished hereby: A. Details of landed property in Sultan Bathery Taluk |Sl.<br>No|Village|Block<br>No.|Old<br>Sy.<br>No.|R.<br>Sy.No.|Extend<br>(in ha.)|Document No.| |---|---|---|---|---|---|---| |1.|Krishnagiri|21|673|701/1|19.4980|Partition Deed<br>No. 1639/1972| |2.|Kuppadi|16|2/1B<br>IAIA|291/29|0.1480|Patta right sale<br>deed<br>No.3770/96<br>dated 30.7.96 of<br>the Sub<br>Registrar,<br>Sulthan Bathery| ||Total||||19.6460|| B. Details of landed propety in Vythiri Taluk W.P.(C).No. 16422 OF 2007 :4: ” |Sl.<br>No|Village|Block<br>No.|Old<br>Sy.<br>No.|R.<br>Sy.No.|Extend<br>(in ha.)|Document No.| |---|---|---|---|---|---|---| |1.|Kalpetta|19|518/2|49/1|0.1237|Janmom right<br>sale deed No.<br>2032/88 dated<br>15.7.98 of the<br>Sub Registrar,<br>smt<br>Kalpetta| |2.|Kalpetta|18|128/I<br>AI,<br>128/2<br>128/4|343|0.6070|Janmom right<br>Sale deed No.<br>600/2005 dated<br>21.02.2005| |||||Total|0.7307|| |Grand Total 20.3767||||||| 4. Rule 4 of the Kerala Land Assignment Rules prescribes the purposes for which land may be assigned which reads thus: “ **4. Purposes for which land may be assigned.-** Government lands may be assigned on registry for purposes of personal cultivation, house-sites and beneficial enjoyment of adjourning registered holdings.” The petitioner has no case that he seeks assignment of a house site. Rule 5 lays down the maximum limit to be assigned for cultivation, which reads thus: “ **5. Maximum limit to be assigned for cultivation.-** (1) The extend of land that shall be registered in favour of a single family for personal cultivation by members of the family shall not ordinarily exceed- W.P.(C).No. 16422 OF 2007 :5: (a) in the case of unoccupied lands, not more than fifty cents of land, whether wet or dry, in the plains and not more than one acre of wet or dry lands in hilly tract; (b) in the case of lands held on lease, whether current or time expired or by way of encroachment not considered objectionable, the lessee or the encroacher as the case may be will, be eligible for assignment of not more than 50 cents of land, whether wet or dry, in the plains, and one acre of land, whether wet of dry in hilly tracts. Land, if any, held in excess of this area shall be surrendered to Government and no compensation shall be payable for the lands so surrendered”. (2) When a family owns or holds any land over which it has proprietary right or has security of tenure, only the balance of extent of Government land necessary to make up the extend admissible under sub-rule (1) shall be granted to it on registry.” The petitioner seeks assignment of extent far in excess of the maximum permissible under this Rule. Rule 7 lays down the priority to be observed in assignment which reads thus: “ **7. Priority to be observed in assignment.-** (1) Where any person is in occupation of Government lands under lease, whether current or time expired, or by way of encroachment not considered objectionable”[such land if such occupation is before the 1[st] day of August, 1971 shall be assigned to him on registry:] [Provided that the total extent of land, if any, owned or held by him in proprietary right or with security of tenure is less than the limits laid down in sub-rule (1) of rule 5 or the annul family income from sources other than the Government land held by him is below Rs.30,000; Provided further that, in the case of any land set apart for assignment on registry to the members of Scheduled Caste/Scheduled Tribe and subsequently encroached upon by those persons who are landless and eligible for assignment of land under these Rules, such land may be assigned to such W.P.(C).No. 16422 OF 2007 :6: encroachers, only after setting apart equal extent of other suitable unoccupied area for the members of Scheduled Case/Scheduled Tribe Community; Provided also that, in the case of landless Scheduled Caste and Scheduled Tribe families income limit mentioned in the first proviso shall not be applicable.] (2) In the case of unoccupied lands, the following order of preference shall be observed in granting registry:- **(i) First Preference.-** for persons who do not own or hold any land either in proprietary right or with security of tenure and whose annual family income does not exceed Rs. [30,000] : Provided that in assigning lands under this clause [ten per cent of the area shall be assigned to Ex-servicemen and] not less than twenty five per cent of the area shall be assigned to the members of the Scheduled Castes and Scheduled Tribes subject to availability of applicants. **Explanation.-** For the purposes of this clause, a Kudikidappukaran or the holder of a Kudiyiruppu shall be deemed to be a person who does not own or hold any land; **(ii) Second preference.-** for persons who do not own or hold any land either in proprietary right of with security of tenure who are disabled while in active military service or who are dependents of those who are killed or disabled while in active military service; **(iii) Third preference** .- for small holders who have not been able to resume their lands due to expiry of the time for applying for resumption and whose annual family income does not exceed Rs.[30,000] **Explanation** .- For the purposes of this clause, “small holder” means a small holder as defined in the Kerala Land Reforms Act, 1963 ( 1 of 1964); **(iv) Fourth Preference.-** for serving military personnel with an approved service of not less than three year and who are decorated for gallantry or their dependents who do not own or hold any land either in propriety right of with security of tenure; [Provided that in he absence of applications from such military personnels as aforesaid, the applications of other serving Military personnal with an approved service of not less than 10 years, and who do not own or hold any land W.P.(C).No. 16422 OF 2007 **==> picture [18 x 9] intentionally omitted <==** either in propriety right or with security of tenure shall be considered.] **(v) Fifth Preference.** For persons whose annual family income does not exceed Rs.[30,000] and the total extent of the lands owned or held by them either in propriety right or with security of tenure is less than the extent prescribed in these rules. (3) No registry shall be granted to any family in occupation of Government land either under a lease, current or time expired or by way of encroachment, unless it surrenders to Government, without claiming any compensation, the land in excess of the extent proposed to be registered in its favour. If there is excess land, in its possession and if is not willing to surrender the excess land eviction will be resorted to.” The petitioner does not come within any of the categories mentioned in this Rule. The petitioner has also not complied with Sub Rule (3) in so far as in Ext.R1(a) there is a finding that the petitioner is in possession of 62.23 acres of Government land. The petitioner already owns 20.3767 hectares of land, which comes to more than 50 acres. He seeks assignment of 16.75 acres more. A mere reading of the above provisions of the Kerala Land Assignment Rules makes it abundantly clear that the petitioner is not entitled to assignment of land under any category. On the other hand, going by those provisions he is eminently disentitled for any assignment of Government land. The Kerala Land Assignment Act and Rules are intended for W.P.(C).No. 16422 OF 2007 :8: assigning Government land to landless people. A Division Bench of this Court has in _**Varkey Abraham** v._ _**Secretary to Government,**_ **(2007 (3) KLT 702)** , while rejecting a claim for assignment of land by a somewhat similarly placed person, held thus in paragraph 15: ## XXXX XXXXX XXXXX 15. The various provisions in the Kerala Government Land Assignment Act and the Kerala Land Assignment Rules would unmistakably show that the Act and Rules are intended to protect landless people by assigning to them Government lands for cultivation and other purposes. The Act provides for assignment of Government land absolutely or subject to such restrictions, limitations and conditions as may be prescribed. The Rules provides for assignment of lands on registry for purposes of personal cultivation. The Rules also provides for granting assignment of small extents of land for constructing houses and for the beneficial enjoyment of adjoining registered holdings. The Rules contain provisions for extending priority to landless people, members of Scheduled Caste and Scheduled Tribes, Exservicemen, persons disabled in active military service, persons who are dependents of those who are killed or disable while in active military service, small holders whose family income is less than Rs.10,000/-, certain category of kumkidars etc. The procedure for assignment is also provided in the Rules. Provision is made for preparing the lists of lands to be reserved for Government or public purposes and the lands to be set apart for assignment on registry. The lists are to be approved by the Government or an authorized authority. The authority to approve the list of lands available for lease or license shall be District Collector. Various authorities are also provided to whom the applications under the different categories are to be submitted. We are of the view that the Act and Rules are not W.P.(C).No. 16422 OF 2007 :9: 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. There is no vested right in any person to claim assignment on registry of Government land. The claim made by the petitioner originated and continued on encroachment. Such a person cannot have any legal right to claim that land. Provision for assignment of lands to encroachers is with a specific purpose. It is intended to protect such of the encroachers who are landless and downtrodden. They too have no vested right to get assignment on registry. The scheme of the Act and the Rules would unmistakably show it. Mighty people do not come anywhere near the benevolent protective umbrella of the Act and Rules. True, a person may desire to annex to his property the neighbouring lands, though it is Government land. Such a desire is not recognised or protected under the Act and Rules.” _(Underlining supplied)_ The Division Bench has, in that decision considered the question as to whether Rule 24 can be invoked in such circumstances, and ## held thus in paragraph 16: XXXXX XXXXX XXXXX 16. Next, we shall consider whether the petitioner can take shelter under R.24. R.24 reads thus: “24. Notwithstanding anything contained in these rules the Government may, if they consider it necessary so to do in public interest, assign land dispensing with any of the provisions contained in these rules and subject to such conditions, if any, as they may impose.” To invoke R.24, Government should consider it necessary in public interest to assign land. Public interest is the main ingredient for the application of R.24. Public interest is interest of the people at large. The purpose for which land is W.P.(C).No. 16422 OF 2007 :10: to be assigned invoking R.24 should be one for the benefit of the public in any sense of the term. Private interest of an individual to acquire more property could never be termed as public interest. It is relevant to note that R.24 empowers the Government to assign land dispensing with any of the provisions of the Rules alone. It does not empower the Government to dispense with any of the provisions of the Act. S.3 (2) of the Act is relevant in this context. It reads: “(2) No Government land assignable for public purpose may be assigned under sub-s.(1) without consulting the local authority as defined in the Kerala Panchayat Raj Act, 1994 (13 of 1994) or the Kerala Municipality Act, 1994 (20 of 1894) as the case may be and if such local authority required such land, for carrying out any of the functions assigned to it, Government may set apart such land for that purpose.” We have held that the land in question comes under R.11(2) (viii). Such a land cannot be assigned without consulting the local authority. R.24, in our view, does not empower the Government to completely do away with the scheme of the Act and Rules and their purpose and intent. R.24 could only be exercised in limited sphere and that too adhering to the paramount consideration of public interest. We hold that the petitioner cannot take recourse to R.24 as well.” In Kerala, land is a very dear commodity. The Government have been promising assignment of land to members of Scheduled Tribes for years. The Government is unable to fulfil their promise for paucity of land. In fact the petitioner is coming from an area where there is a large population of Scheduled Tribes. As a M.L.A. that too one supporting the ruling coalition, it is the bounden duty of the petitioner to see that promises made by the W.P.(C).No. 16422 OF 2007 **==> picture [24 x 9] intentionally omitted <==** Government to those poor people are fulfilled at least belatedly. Therefore, he being a person committed to render social justice to the people should surrender the Government land, admittedly in his possession immediately, failing which he would be committing a fraud on the poor people he represents, some of whom are actually entitled to assignment of the land. 5. The first respondent has now produced Ext. R1(a) order passed on the application for assignment filed by the petitioner. It reads thus: “ � ഉതരവ ശ��.എ�.വ�.ശശ�യ��സ� ക �മ�ര വയന�ട� ജ�ലയ�ല സ �ലത�ന ബശതര� ത�ല�ക�ല ക!ഷ�#ഗ�ര� വ�ശലജ�ല സരശ% നന�&ര 754/2 ല'(ട 16.75 ഏകര സരക�ര കരഭ�മ� &ത�ച � നലക#'മന� ആവ�/'(ട� &ര�മര�� ഒന� ശ&ക�ര� അശ&ക സമര(�ച�ട�ണ�. അഡ�ഷ#ല ച�ഫ� 'സശകടറ� (റവന/�) അശ&കക'ന ശനര�ല ശകളക�നത�ന� 23/12/05 ല അവസര� നലക�കയ�ണ�യ�. അശ&കകന� &കര� ശ&ത�ന�ധ�യ�യ� മ�ശനജര ശ� �.&�.സ�.ഇശബ�ഹ�� ക�ഞ� അശന ദ�വസ� ഹ�ജര�യ �. ശ��.എ�.വ�.ശശ�യ��സ� ക �മ�റ�'@ കകവ�ത�ല�ള സരക�ര കരഭ�മ� 16.75 ഏകര ട�യ�ന� &ത�ച � നലക#'മന� തദവസരത�ല അഭ/രC�ച�. ശ��.എ�.വ�.ശശ�യ��സ� ക �മ�റ�'@ അശ&കയ�� ശ&ത�ന�ധ�'യ ശനര�ല ശകടത�ശ@യ��, ഇക�ര/ത�ല &ര�മര�� രണ�'ല ത�ര�വനന&�ര� W.P.(C).No. 16422 OF 2007 :12: |ല�@� റവന/� കമ�ഷ#റ�'ട കത�കള�� സരക�ര| |---| |വ��ദമ�യ� &ര�ശ��ധ�ക<br>�കയ�ണ�യ�.| |അത�നശ&ക�ര� &ര�മര�� ഒന�'ല അശ&കയ�ല| |ശ��.എ�.വ�.ശശ�യ��സ� ക<br>�മ�റ�ന� ശവണ�| |മ'G�ര�ള�#� അശ&കയ�ല ഒ(� വച�ര�ക�നത�.| |ശ��.എ�.വ�.ശശ�യ��സ�ക�മ�റ�'@ കകവ��<br>62.23| |ഏകര സരക�ര കരഭ�മ� ഉ'ണന�� ശ&സ�ത�ത| |ഭ�മ�യ�'ട കകവ��വക���<br>'തള�യ�ക<br>�നത�ന�| |ആവ�/മ�യ ശരഖകള<br>ഒന<br>�� ത'ന<br>ട�യ�'@| |കകവ�� ഇ'ലന<br>�� വ/കമ�യ<br>�. <br>ശ&സ�ത�ത| |ഭ�മ�യ�ല<br>4<br>മ�റ�കള�ള 'കട�ട�<br>സ�ത�| |'ചയ�നത�യ�� ഇത�<br>വ�ടകയ�ക�| |'ക�ട�ത�ര�ക�നത�യ�� വയന�ട�ജ�ല� കളകറ�'ട| |റ�ശ(�രട�ല വ/കമ�ക�യ�ട<br>�ണ�. <br>ഇത�ന�| |സരക�റ�'@ അന<br>�മത� വ�ങ�യ�ട�ല�'യന<br>��| ## വ/കമ�ക�ന�. 1964-'ല ശകരള� ഭ�മ� &ത�വ� ചട� 15 ഉ&ചട� 1 (ബ�) അന�സര�ച� സമതല ശ&ശദ�ങള�ല 50 'സ@� വശരയ�� മലശയ�രശ&ശദ�ങള�ല 1 ഏകര വശരയ�� മ�ശത� സരക�ര ഭ�മ� &ത�ച� നലക�വ�ന വ/വസയ�ള�. അത�ല ക�ട �തല വര �ന സരക�ര ഭ�മ� കകവ�ക�രന ത�ര�'ക ഏല&�ശകണത�'#ന��, ട� ഭ�മ�ക� യ�'ത�ര� നഷ&ര�ഹ�രവ�� കകവ�ക�രന നലശകണത�ല�'യന�� അന ���സ�ക�ന�. സരക�ര ഭ�മ� ഗ �#കരമ�യ ആവ�/ങളക� അന�ഭവ�ക�നത�ന�#� &ത�ച � നലക �വ�ന ആവ�/'(ട�ന'തങ�ല &രമ�വധ� 15 'സ@� മ�ശതശമ &ത�ച � നലക�വ� എന �� അന���സ�ക�ന�. വള'രയധ�ക� '&�ത � ത�ല&ര/മ�ള ആവ�/� മ�ന ന�രത�യ�'#ങ�ല സരക�ര�ല ന�ക�&�തമ�യ വ�ശവചന�ധ�ക�രത�ല�'ട ഭ�മ� &ത�ച � നലക�വ�നത�'#ന�� ചട� 24 അന���സ�ക�ന�. എന�ല ശ�� .എ�.വ�.ശശ�യ��സ� ക �മ�റ�'@ അശ&കയ�ല '&�ത � ത�ല&ര/� ഒന �� ത'നയ�ല�തത�ന�ല ചട� 24 ശ&ക�ര� ന�ലവ�ല�ള W.P.(C).No. 16422 OF 2007 **==> picture [24 x 9] intentionally omitted <==** ന�യമത�ല ഇളവ� വര�ത� സരശ% നന�&ര 754/2ല'(ട ക!ഷ�#ഗ�ര� വ�ശലജ�'ല 16.75 ഏകര സരക�ര ഭ�മ� ശ��.എ�.വ�.ശശ�യ��സ� ക�മ�റ�ന� &ത�ച� നലശകണത�ല� എനത�ന�ല &ര�മര�� 3 'ല ട�യ�'@ ഹരജ�യ�'ല ആവ�/� ന�രസ�ച�'ക�ണ� ഉതരവ� &�റ'(ട�വ�ക�ന�. വയന�ട� ജ�ല� കളകര ഇക�ര/ത�ല അട�യന�രമ�യ� ത �ടര നട&ട�കള സQ�കര�ശകണത�#�.” _(Underlining supplied)_ 6. That order is dated 09.08.2007. The petitioner has not chosen to challenge that order. The same has become final. In fact that order is perfectly in tune with the provisions of the Kerala Land Assignment Rules and cannot be faulted in any manner. The learned Government Pleader submits that in respect of this property a suit is pending before the Sub Court, Sulthan Bathery as O.S. No. 142/2007. Therefore, it is abundantly clear that the petitioner is not entitled to the assignment sought for. Accordingly, the writ petition is dismissed. 7. In the writ petition, the petitioner has stated that he wants a final decision in the matter so that he can know where he stands in relation to his claim for assignment so that the controversies which has arisen in connection with the land can be W.P.(C).No. 16422 OF 2007 :14: laid to rest. In paragraph 5 of the writ petition the petitioner has stated thus: “In the meantime, like in other parts of the State, a controversy has been raised making wild and reckless allegations against the petitioner that he is keeping the Government land unauthorisedly. Since the petitioner is also a member of the Legislative Assembly, he is desirous of setting the issue once for all and to clear all the suspicions and allegations in the minds of the people. Unless, therefore, the Government takes up and dispose of the application submitted by the petitioner as early as in 1994, the petitioner will be put to irreparable injury and prejudice and he will be the target of ill motivated personal allegations.” Now that the Government has finally decided that the petitioner is not entitled to assignment of Government land, the continued possession of the same by the petitioner, who, as a M.L.A. is expected to set an example to others, is against all principles of law, justice and decency. As stated by the petitioner in the writ petition, it is in his own interest that he surrenders the Government land in his possession, to avoid further controversies in the matter. Therefore, if the petitioner does not surrender the same within one month from today, the Government shall take over all the Government land in the possession of the petitioner as found in Ext.R1(a) order, which has become final, from the petitioner as expeditiously as possible, at any rate within three W.P.(C).No. 16422 OF 2007 **==> picture [24 x 9] intentionally omitted <==** months from the date of receipt of a copy of this judgment and distribute the same to landless Scheduled Tribe members. The registry shall forward a copy of this judgment to the first respondent for immediate follow up action and compliance. The first respondent shall file a compliance report immediately after compliance. Post for reporting compliance after four months. ## **S. SIRI JAGAN, JUDGE** smt