The Kerala High Court has once again emphasized that the objective of the Kerala Government Land Assignment Act and Rules is to uplift landless citizens and not to benefit those who already own large tracts of land. The Court, while deciding the case Vincy Cherian & Others v. The District Collector & Others [WP(C) 26327 of 2021], reiterated that government land should only be assigned for lawful purposes and in accordance with the provisions of the Kerala Land Assignment Act, 1960.
“The Act and Rules are not 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.”
— Kerala High Court
The Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. was hearing a petition filed by the legal heirs of Ouseph Varkey, who had originally applied for assignment of 99.61 acres of land in Anaviratty Village, Idukki, under the old Cardamom Rules of 1935. Varkey had begun cardamom cultivation and filed two applications—one for 50 acres and another for 46 acres.
Although the appeal filed by Varkey had once been allowed by the Land Revenue Commissioner, the government later capped land allotment to a single applicant at 60 acres. Since the application had been submitted before this order, the petitioners argued they were entitled to the full 99.61 acres.
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However, the Court had already ruled in an earlier 2013 judgment that the Cardamom Rules of 1935 stood repealed under Section 9(3) of the Kerala Land Assignment Act, 1960. Since no final order had been issued before the repeal, the Court concluded that Varkey had not gained any enforceable legal right.
“Though two applications for assignment of land were given by Sri. Ouseph Varkey, no orders were passed by the competent authority... enabling him to treat the said order as a concluded contract.”
— Kerala High Court, 2013 Judgment
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After several unsuccessful attempts and a dismissed review petition, the legal heirs submitted a representation to the Government in 2017, seeking the same 99.61 acres. The representation was rejected by the Government in 2018, prompting the current petition.
The Court observed that the petitioners had not cited any legal statute under which they were claiming rights to the land. Citing past Supreme Court decisions, the Bench stressed that courts cannot issue directions that go against statutory provisions.
“No court has competence to issue a direction contrary to law... The Courts are meant to enforce the rule of law and not to pass orders contrary to law.”
— Kerala High Court citing Supreme Court judgments
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The High Court reaffirmed that government lands may be assigned only for specific lawful purposes like personal cultivation, housing, and for marginalized communities including Scheduled Castes, Scheduled Tribes, Ex-servicemen, and others who qualify under the Kerala Land Assignment Rules, 1964.
Since the petitioners were not eligible under these rules and had not established any legal right, the Court upheld the Government’s order rejecting their claim.
Accordingly, the writ petition was dismissed.
“There is no vested right in any person to claim assignment on registry of Government land.”
— Kerala High Court
Counsel for Petitioners: Adv. John Neelima Sarai
Counsel for Respondents: Adv. A.V. Jojo and Adv. A.X. Varghese
Case No: WP(C) 26327 of 2021
Case Title: Vincy Cherian and Others v. The District Collector and Others
