HC set aside the takeover of HML land

A Division Bench of the Kerala High Court on Wednesday set aside the order of M.G. Rajamanickam, Special Officer appointed by the government under the Kerala Land Conservancy (KLC) Act, taking over 30,000 acres of land in the possession of Harrisons Malayalam Ltd (HML) spread over five districts in the State and directing it to vacate from the land.

Slamming the government for not taking a look at the legal implications of its action, the Bench comprising Justice K. Vinod Chandran and Justice Ashok Menon observed that the State government had “willingly succumbed to the public outcry without looking into the legal implications.”

The government was not for the masses alone but it existed for each individuals. The courage and conviction were lacking when on a mere public demand arbitrary action was perpetrated. A corporate entity also contributed to the mite of a nation and was constituted of citizen at its helm and managerial staff. The welfare State existed for the downtrodden and the marginalised, but could “not act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of the rule of law.”

Allowing a writ petition filed by the company challenging the order, the court found that the KLC did not confer power on the special officer to decide on the title. The court, therefore, observed that the order of the Special Officer and various grounds raised to proceed under the KLC were not sustainable.

The court pointed out that the title could not be adjudicated under the KLC Act which intended only for the eviction of unauthorised occupation. Title issue had to be adjudicated before a civil court. The title had to be established after adducing evidence in a properly initiated civil proceedings if the State ventured to do so. There was no need for the petitioner to approach the civil court to establish title under the KLC Act.

The court further observed that an officer authorised to evict unauthorised possession of a government land or purmaboke lands could not decide on the title on the basis of the allegations of fraud practiced by the holder. Fraud would have to be pleaded and established in a court of law.

The court held that the Special Officer had no competence to declare void the agreements, registered conveyance, certificates of purchase and exemption under the Kerala Land Reforms Act, or the orders of the civil court and statutory bodies. The order of the Special Officer was far in excess of his powers and without jurisdiction as the title of the land was now with the holders of the respective lands as per the revenue records.

The Bench pointed out that the State had all along accepted the title and possession of the land held by HML, issued exemption orders and purchase certificates under the Kerala Land Reforms Act, besides accepting tax and duties for the land and buildings and the plantation activities carried on the land.

The court pointed out that the provisions of the Code of Civil Procedure reserved the right of an occupier to establish title and challenge a proceeding under the KLC Act, before a civil court. The reservation so made divested the authority under the KLC Act of the power to adjudicate on title.