Court Sets Aside District Collector's Order, Calls for Fresh Adjudication on Land Assignment
In a significant legal development, the Kerala High Court has nullified an order by the District Collector of Thiruvananthapuram concerning the assignment of rights over Service Inam lands. The judgment, delivered by Justice C. Jayachandran, underscores the illegality of a compromise reached without the involvement of legitimate stakeholders and without pre-existing rights under the Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981.
The case involved a dispute over 49 cents of land in Madathuvilakom Village, with multiple parties laying claim to the landholder's rights under the Service Inam Lands Act. The judgment elaborated on the automatic vesting of these lands in the government and the procedural requirements for assignment of landholder's rights, which were not met in the disputed compromise.
Justice Jayachandran emphasized that any compromise or settlement reached without the participation of all legitimate stakeholders, particularly those with vested interests due to prior transactions, is non est in law. The Court found that the compromise accepted by the District Collector was fallacious and illegal, as it was based on fraudulent and collusive agreements.
The judgment further highlighted the duty of the District Collector to adjudicate the matter on merits in accordance with law, specifically under Section 12 of the Service Inam Lands Act. The court noted that the compromise, which was arrived at without the involvement of the petitioners—who had purchased rights to part of the land—is a violation of legal principles and does not stand the test of law.
The petitioners, who had bought land rights from Gopalan Gopi, a respondent in the case, argued that they were unfairly excluded from the compromise discussions. Justice Jayachandran acknowledged their legitimate interest in the property and ruled that the compromise agreement and the subsequent orders based on it should be set aside.
The judgment directs the District Collector to reconsider the assignment claims on their merits, allowing the petitioners to seek impleadment in the proceedings. The court ordered the Collector to provide a fair hearing to all parties involved and to make a fresh decision within six months.
This ruling is expected to have significant implications for the administration of Service Inam lands, emphasizing the importance of adherence to statutory procedures and the protection of legitimate stakeholder interests.
Bottom Line:
The compromise reached by parties without the participation of legitimate stakeholders and without pre-existing rights under the Service Inam Lands Act is non est in law, and any order based on such a compromise is illegal and set aside.
Statutory provision(s): Kerala Service Inam Lands (Vesting and Enfranchisement) Act, 1981 (Sections 3, 5, 7(4), 12), Transfer of Property Act, 1882 (Section 52)
Manoj v. District Collector, Thiruvananthapuram, (Kerala) : Law Finder Doc id # 2846658
