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2020 DIGILAW 802 (KER)

Jijo Kurian S/o Kurian v. District Collector, Thrissur

2020-09-25

A.MUHAMED MUSTAQUE

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JUDGMENT : A. MUHAMED MUSTAQUE, J. 1. The essential dispute in this matter is regarding the relinquishment of land belong to the petitioners under the Kerala Land Relinquishment Act, 1958 (hereinafter referred to as the ‘Act’). 2. The relinquishment apparently for using the land as a road. The Panchayath, acting on such request alleged to have been made by the petitioners, decided to keep the land under the ownership of the Panchayath and include it in the assets register. According to the Panchayath, they received a report from the Village Officer regarding the relinquishment made by the petitioners. This is how the Panchayath took the decision. 3. The petitioners dispute the submission of any application for relinquishment. According to the petitioners, the alleged relinquishment is fabricated and forged by the third parties, particularly, by the sixth respondent to create a road to his property. 4. The Act is an enactment for relinquishment of lands in the State of Kerala. It contemplates certain procedures for relinquishment of the land. Section 4 of the Act says that such an application has to be submitted in the prescribed form before the Revenue Divisional Officer of the division in which the land is situated. Thereupon, on receipt of such application by the Revenue Divisional Officer, he has to issue notice to all persons concerned why the relinquishment may not be accepted. The Revenue Divisional Officer also has the power to reject the relinquishment for the reasons referable under sub-section (6) of Section 4 of the Act. The Revenue Divisional Officer has to pass an order accepting the relinquishment. Once such acceptance is made, that will be effective from the date of the application. Unless and until the Revenue Divisional Officer passes an order accepting the relinquishment, there cannot be any relinquishment of any land. In this case, there is a peculiar dispute in regard to the execution of the relinquishment application. It is for the Revenue Divisional Officer to consider this aspect and decide whether there is a relinquishment or not. It is only after the Revenue Divisional Officer passes an order the land would vest with the State. The land can be vested with the Panchayath for management, once the relinquishment process is completed. The Panchayath cannot include the land in the assets register unless and until a formal order is passed by the Revenue Divisional Officer accepting the application. 5. The land can be vested with the Panchayath for management, once the relinquishment process is completed. The Panchayath cannot include the land in the assets register unless and until a formal order is passed by the Revenue Divisional Officer accepting the application. 5. In such circumstances, the hurried decision taken by the Panchayath has to be interfered. The Revenue Divisional Officer has to pass an order accepting or rejecting the application alleged to have been made by the petitioners after hearing the petitioners and the Panchayath. The petitioners shall appear before the Revenue Divisional Officer on 12.10.2020. Thereafter, the Revenue Divisional Officer shall pass orders after conducting an enquiry within a period of four weeks. The sixth respondent shall also be heard. The Panchayath is free to take a decision depending upon the outcome of the decision of the Revenue Divisional Officer. Accordingly, the impugned decision of the Panchayath is set aside. 6. The writ petition is disposed of as above.