IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
WP(C) NO. 2560 OF 2022
PETITIONERS:
1 P.B.HANEEFA
AGED 58 YEARS
S/O. PAREEKUTTY, VELAMPARAMBIL, PALLURUTHY THEKKUMURI,
PAALURUTHY VILLAGE, KOCHI TALUK, NOW RESIDING AT
33/1444, CHALIKKAVATTOM, KOCHI - 682 038
2 V.A SADIQ
AGED 50 YEARS
S/O. C.P ALI, RESIDING AT VELIPARAMBIL, NETTOOR DESOM,
MARADU VILLAGE, KANAYANNUR TALUK, KOCHI 682 304
BY ADV. SAJI VARGHESE KAKKATTUMATTATHIL
RESPONDENTS:
1 THE REVENUE DIVISIONAL OFFICER
OFFICE OF THE REVENUE DIVISIONAL OFFICER,
FORT KOCHI, PIN - 682 001
2 VILLAGE OFFICER
PALLURUTHY VILLAGE, PALLURUTHY P.O, PIN - 682 006
3 SUB REGISTRAR
SUB REGISTRY OFFICE, KOCHI - 682 002
SMT.DEEPA NARAYANAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 2560 OF 2022
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No. 2560 of 2022
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Dated this the 29th day of June, 2022
JUDGMENT
The above writ petition is filed with the following prayers:
"(i) Quash Exhibit P2 notice issued by the 2 nd respondent by issuing a writ of certiorari or any other appropriate writ, order or direction;
(ii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 and 2 to drop all further proceedings pursuant to Exhibit-P2 since there is no attempt on the part of the petitioners to reclaim the land covered by Exhibit-P1 Sale Deed and to lift the attachment/prohibitory orders, if any, issued;
(iii) Issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 3rd respondent to remove the attachment /prohibitory order from the Encumbrance certificate of the petitioners pertaining to the property covered by Exhibit-P1 Sale Deed;
(iv) Such other reliefs which in the circumstances of this case this Hon'ble Court deems just and proper."[SIC]
2. Petitioners are the absolute owners and in WP(C) NO. 2560 OF 2022 3 possession and enjoyment of 81 cents of land comprised in Sy.No.1137/2 of Palluruthy Village. Petitioners purchased the same by virtue of sale deed No.5454/2007 of SRO, Kochi. The 2nd respondent on 20.03.2014, issued a notice alleging that the petitioners are trying to fill up the property with read earth. The petitioners have no intention to convert the land and it is admittedly a paddy field. But when the petitioners took the encumbrance certificate from the 3rd respondent, there is an endorsement that there is a prohibitory attachment order against the property purportedly issued under the Kerala Conservation of Paddy Land and Wet Land Act 2008. The petitioners apprehend that they may not be able to alienate the property in the same status because of this endorsement.
3. Heard counsel for the petitioners and the learned Government Pleader.
4. The counsel for the petitioners reiterated his contentions in the writ petition. The Government Pleader on the other hand submitted that a prohibitory WP(C) NO. 2560 OF 2022 4 order is passed by the Village Officer as per Section 12 of the Act 2008. The Government Pleader submitted that the same will not restrain the petitioners in alienating the property and it is only not to convert the land. If that is the case, there is no problem for alienating the property. The counsel for the petitioners submitted that the 3rd respondent is not allowing the petitioners to alienate the property. I make it clear that the alienation of the property is not prohibited and only the conversion of the property is restrained. I also make it clear that the endorsement in the encumbrance certificate regarding prohibitory order will not stand in the way of the petitioner transferring the property in accordance to law.
With the above observation, this writ petition is disposed of.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 2560 OF 2022 5 APPENDIX OF WP(C) 2560/2022 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SALE DEED NO 5454/2007 OF SRO, KOCHI EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20-03-
2014 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE ENCUMBRANCE CERTIFICATE WITH RESPECT TO THE PROPERTY OF THE PETITIONERS ISSUED BY THE 3RD RESPONDENT DATED 23-01-2019 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE