Kerala High Court directs the Devikulam Sub- Collector to hear landowners in Chokramudi hills again

The Kerala High Court recently directed the Devikulam Sub-Collector to provide 25 landowners in Chokramudi Hills in Idukki the opportunity to file their documents regarding possession of their property.

The Division Bench of Justices Devan Ramachandran and Basant Balaji held that the petitioners could not avail of the opportunity of personal hearing as they could not get hold of the required documents within the prescribed time.

The disputed land was involved in the controversy surrounding Chokramudi Hills land encroachment, where the government had suspended three officials and reclaimed 13.79 acres of encroached land.

The landowners had approached the court challenging the Sub-Collector’s order directing them to surrender vacant possession of their land, on the allegation that they purchased the properties illegally. They argued that they were not given an effective opportunity to be heard and present the documents required.

The State government argued that the petitioners were given at least seven opportunities, the last on January 9, 2025. It claimed that since the petitioners did not avail the opportunities granted, the Sub-Collector did not have a choice but to issue the order to surrender possession.

The petitioners informed the court that they had applied for the required documents on November 11, 2024, but obtained them only on January 25, 2025. Although the State government argued that the petitioners received the documents on December 19, 2024, the court found no evidence to prove this claim.

The court held that the petitioners should have been heard after they obtained the required documents. It directed the State to maintain the status quo with regard to the land, noting that the State had already taken possession of the properties. The court instructed the petitioners to produce their documents within two weeks and the Sub-Collector to hear them and dispose of the matter within four months. The court stated that further possession of the disputed land shall be regulated by the competent authority.