State Can’t Act Like Robinhood: Kerala HC Sets Aside Land Conservancy Act Proceedings Against Harrisons Malayalam [Read Judgment]

The Welfare State exists for the downtrodden and the marginalised, but cannot act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of rule of law, the Bench said.The Government if given a carte-blanche to negative such ownership and possession, at one go, by an officer authorised to evict unauthorized possession of lands; then it would be an. The Welfare State exists for the downtrodden and the marginalised, but cannot act like Robin Hood; which would be a negation of the democratic principles and blatant flouting of rule of law, the Bench said. In a huge blow for the Kerala Government, the High Court of Kerala has set aside eviction proceedings under the Kerala Land Conservancy Act initiated by the state against Harrisons Malayalam Limited and its assignees, through a special officer appointed for the purpose, holding that it is without jurisdiction. Setting aside the eviction proceedings, a division bench of Justice K Vinod Chandran and Justice Ashok Menon observed that since there is a bona fide dispute on title raised who have also been continuing in possession of the lands, paying the taxes and duties to government for such ownership and possession, and therefore the special officer authorised under the KLC Act cannot adjudicate on the title and then carry out eviction.