Proceedings under Land Conservancy Act can be initiated only when the party is in unauthorised and unlawful possession - Kuthakappattam is inheritable - dispute cannot be decided in summary procedure - can be done only through civil suit.

It is held by the Division Bench of Honourable Kerala High Court in Banerjee Memorial club Trichur V.Thaluk Thasildar Trichur and Others - 2015 KHC 7105 : 2016 (1) KLJ 44 : 2016 (1) KLT 241 that, proceedings under Land Conservancy Act 1957 cannot be initiated when the petitioner was in authorized and lawful possession. When a person is in continuous possession of a property for a considerable long time under an assertion of title without any challenge, the said possession has to be ascribed as of a legal origin. (House of Lords in Harris and another V. Earl of Chersterfield and another 1911 AC 623) The privy council has also reiterated the same principle in Syed Muhammed Mazaffaramusavi V. Bibi Jabeda Khatun and others AIR 1930 PC 103.

The order to vacate the poramboke land without ascertaining the real facts is bad in law. The Honourable Apex Court in Andrapradesh V. Thammala Krishna Rao and another 1982 2 SCC 134 had held that, summary proceedings can be initiated only when unauthoirsed occupation of Government property is not disputed and when the title to the land is bonafide dispute by the occupant, such dispute must be adjudicated not by summary proceedings but by a civil suit.

It is held by the division bench of this Honouable court in Shahul Hassan Mussaliar V. State of Kerala and Others 2015 (4) KHC 615 : 2016 (2) KLT SN 70 : 2016 (2) KLJ 708 that, when the legal heirs are in lawful possession of the land under Kuthakappattom lease, authorities were not justified in initiating proceedings under the Land conservancy Act 1957.

When the party has been paying tax for the property in question and a successor of a grantee from the Government it cannot be termed as a Government land and no proceedings can be initiated under the provisions of Land Conservancy Act 1957. The said principle was reiterated by the Division Bench of this Honourable Court in Autumn wood resorts (Cloud 9) Munnar V. State of Kerala  2014 (3) KHC 305 : 2014 (3) KLT 526.

The assignment  It cannot be cancelled without giving opportunity of being heard as held by a division bench of this Honourable court in District Collector Quilon V.Bhaskara Kuruppu 1987 KHC 746 : ILR 1987 (2) Ker. 296 : 1987 KLN 291.