Introduction:

In a recent ruling, the Kerala High Court addressed a contentious land assignment case in Wayanad district. The petitioners, representing the landless tribal community, sought government intervention for the allocation of residential and agricultural lands. They alleged that a substantial portion of land was unlawfully transferred to ‘Kallodi St. George Forane Church,’ undermining the interests of the tribal population.

Arguments of Both Sides:

The petitioners highlighted social exclusion and deprivation faced by the tribal community, emphasizing a seven-point agreement from 2001 promising land allocation and a livelihood program. In contrast, the respondents, representing the church, argued that the land had been in their possession since 1955 and had been utilized for educational and religious purposes. They contended that the land assignment followed existing rules and had not encroached upon areas earmarked for the SC/ST community.

Court’s Judgement:

Justice P.V. Kunhikrishnan ruled against the church, stating that the assignment of land was unsustainable and lacked public interest. The court cited the Kerala Land Assignment Act and Rules, emphasizing that they were not intended to benefit those holding extensive lands under the guise of encroachment. The judgment called for the quashing of the land assignment to the church and suggested selling it at market value, with proceeds utilized for tribal welfare. The court directed the government to file an action taken report after compliance.