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Legal infirmities may plague evictions in Kerala

Roy Mathew

Directive to exempt offices of political parties goes against equality before law

THIRUVANANTHAPURAM: Legal infirmities may plague some of the actions being taken by the State Government to evict encroachers of Government land and demolish unauthorised constructions.

Legal and moral questions had arisen following Government directives issued under pressure from the Communist Party of India (CPI) that offices of political parties and places of worship built on encroached land need not be demolished. The order issued by the Revenue Department in this regard is yet to be withdrawn though the CPI has changed its stand under pressure from its national leadership. Similarly, directives have been issued not to evict poor people and small traders.

The directives raised the question whether the Government cared about equality before the law. The directives may not necessarily weaken action taken legally against others. Yet, they cast doubts on the bona fides of its objectives. Its stand that some of the `Raveendran pattayams' are legal has already been questioned before the High Court. These are titles issued by a deputy tahsildar, who was given charge of specified duties of additional tahsildar by the Collector, to mostly supporters of the Left Democratic Front (LDF) allegedly without proper authorisation.

The Government may be right in delaying evictions of poor people pending their rehabilitation. However, recognition of any right for them to remain on the encroached land would need the support of legal instruments. The issue of small traders would be trickier as any support to the encroachers would prove costly for the Government in terms of money needed for rehabilitation or widening of roads at a later date. The Government has issued no clear guidelines as to how to distinguish between small-scale and large-scale encroachers. Revenue Minister K.P. Rajendran, however, said that it would be based on the size and value of the land and the influence and power of the encroachers. Though the Government had planned an ordinance to give legal basis to several measures proposed to be taken by the Government in Munnar and elsewhere, it was held up on account of opposition from the CPI. As the Assembly is meeting on Tuesday, a Bill may now be introduced in the House. The former Chief Secretary T.N. Jayachandran, in a statement here on Sunday, wondered whether a Government Secretary could have issued a directive exempting eviction of places of worship and party offices, considering the legal implications.

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