N.Varadaraja Iyengar, J. - (1.)This is a petition, under Article 226 of the Constitution filed by Mr. M. O. Cheriaa, Assistant Medical Officer, Munnar and complaining against the premature termination in the first instance of his kuthakapattorn lease by the 1st Respondent State of Kerala and the order for eviction-ctc., under the Land Conservancy Act thereafter passed by the 2nd Respondent Tahsildar of Kunnathunad, as if for unauthorised occupation.
(2.)The site in question was poramboke land situate just west of the Petitioner's registered holding (containing residential quarters) in Perumbavur Pakuthy. It was part of a larger area of 1, 21 acres, in S. No. 304/10A. The northern portion of this area was being used as a fish market while the southern portion was lying vacant and was being used as a public defecation ground. There had been insistent complaints of this nuisance from the public, so much so, the Director of Public-Health recommended the shifting of the fish market to a vacant ground near the vegetable market. There, was then, a recommendation, from the Board of Revenue to assign the whole area in favour of the Petitioner under Rule 24(1) of the Kuthakapattom Rules, for the more beneficial enjoyment of his land. The Government (of Tiavancore-Cochin) accepted these recommendations and by order dated 23-3-1950, sanctioned the grant of a kuthakapattom lease to the Petitioner of the whole survey number and also his occupation immediately of the southern portion of 78 cents. Petitioner expressed that he would be content with this 78 cents and accordingly Ext. P-2 kuthakapattom lease was executed in respect thereof on 4-10-1950 by the 2nd respondent Tahsildar in favour of the petitioner with a term of 12 years but subject to earlier termination on certain contingency.
(3.)The shifting of the fish market was not effected owing to strong opposition from the public. The 3rd Respondent Perumbavur Municipality requested Government to transfer at least 50 cents from the original site S. No. 304/10A for locating the fish market. The Board of Revenue sent report that the lease just granted to Dr. Cherian may be determined and the Site transferred to the 3rd Respondent. Government thereupon wrote to the Secretary of the Board of Revenue to take immediate steps to issue notice to the petitioner and to make available the site for transference to the Municipal Council-vide Ext. P-4 proceedings dated 22-2-1957. On 4-4-1957 the 2nd Respondent Tahsildar issued Ext. P-3 notice to the Petitioner as follows; "Sir, Sub: Fish Market, Municipal Council, Perumbavoor, shifting of, Sanction has been accorded by Government to determine the lease of 78 cents of land in S. No. 304/10A of Perum-babur Village, sanctioned to you. You are therefore requested to vacate your occupation in the above land and give possession of the site to the Village Officer, Perumbavoor within 3 months from the date of this notice." Yours faithfully, (Sd) For Tahsildar." Petitioner filed Ext. P-5 Petition before Government dated 7-6-1957 for reconsideration of their order terminating the lease but that Petition was rejected with the remarks that the Board of Revenue "will take immediate further steps to resume the land and transfer it to the Municipality" vide Ext. P6 order dated 28-10-1957. Case No. 220 of 1957 was soon after on 27-11-1957 taken by the 2nd Respondent against the Petitioner "for unauthorised occupation of Government Poramboke" and on 30-12-f957 Petitioner was convicted and sentenced to fine and prohibitory assessment and Also ordered to be evicted : vide Ext. R-3 judgment. On 24-1-1958 this petition was filed.