IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 12058 OF 2022
PETITIONERS:
1 JOSE,
AGED 59 YEARS
S/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
2 DAVIS,
AGED 53 YEARS
S/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O.,
ANGAMALY, ERNAKULAM DISTRICT 683 572.
3 MARY,
AGED 65 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
4 PHILOMINA,
AGED 63 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
5 ELSY ,
AGED 57 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
6 SHIJI,
AGED 50 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
BY ADVS.
K.V.JAYADEEP MENON
T.P.RAMESH (THENGUMPILLIL)
JINS.P.JOHN
P.KRISHNAPRIYA
RESPONDENTS:
1 THE DEPUTY COLLECTOR (LR),
CIVIL STATION, COLLECTORATE, KAKKANAD, ERNAKULAM
WP(C) NO. 12058 OF 2022 2
DISTRICT 682 030.
2 THE DEPUTY DIRCTOR (SURVEY),
SURVEY AND LAND RECORDS, COLLECTORATE, CIVIL
STATION, KAKKANAD, ERNAKULAM 682 030.
3 HEAD SURVEYOR AND APPROVING AUTHORITY,
REGISTRATION SUB DISTRICT SURVEY DEPARTMENT, CIVIL
STATION, ANGAMALY, ERNAKULAM DISTRICT 683 572.
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12058 OF 2022 3
JUDGMENT
The petitioners seek that the competent respondent be directed to issue them a Sketch with respect to the property in question under the "Torrance Scheme", since it is situated in Angamaly, Kerala. They admit that the "janmam right" with respect to the property is yet to be declared in their favour, though they have moved an application for such purpose before the competent Tribunal, which is numbered as S.M.P.No.11 of 2019. They say that, in any event of the matter, this would be of no consequence because, through Ext.P13, the transfer of Registry of the property has already been effected in favour of their father, who died subsequently, thus making them its eligible owners.
2. The petitioners then explain that they have now executed a settlement deed with respect to the property and that same can be registered only if a Sketch under the "Torrance Scheme" is received. They, therefore, pray that competent respondent be directed to favour them with such WP(C) NO. 12058 OF 2022 4 a Sketch without any further delay.
3. In response to the afore submissions of Shri.K.V.Jayadeep Menon - learned counsel for the petitioners, the learned Senior Government Pleader - Smt.Mable C.Kurian, took a preliminary objection that a writ petition on this nature cannot be maintained by a person to seek a Sketch under the "Torrance Scheme" unless he or she is its owner. She submitted that petitioners, themselves admit that their "janmam right" over the property in their favour has not been yet declared by the competent Tribunal, no such application could be entertained by any of the respondents. After saying so, on the merits of the matter, the learned Senior Government Pleader submitted that the question whether petitioners are entitled to Sketch under the "Torrance Scheme" will have to be evaluated and decided by the competent respondent and cannot be granted as a matter of right, particularly because there are issues relating to its title is still pending. She, WP(C) NO. 12058 OF 2022 5 therefore, prayed that this writ petition be dismissed.
4. Even when I hear the learned Senior Government Pleader on the afore lines the fact remains that, through Ext.P13, the Registry of the property has been transferred in favour of the petitioners' father. True, this is only a fiscal step and not an attribute of ownership per se. However, if the suo motu proceedings afore mentioned is to end in favour of the petitioners, certainly they will be entitled to the 'purchase certificate' and to enjoy the property without interdiction thereafter.
5. However, since the suo motu proceedings have not been completed in spite of more than three years having been lapsed, the petitioners cannot be put to unnecessary prejudice and I am, certainly of the view that, taking note of Ext.P13 proceedings, whereby the transfer of Registry of the property has already been effected in favour of their deceased father, it will be justified for this Court to grant them relief, subject to the final proceedings before the WP(C) NO. 12058 OF 2022 6 Tribunal under the Kerala Land Reforms Act. Resultantly, I order this writ petition, adverting specifically to Ext.P13 and direct the 3 rd respondent - Head Surveyor and Approving Authority to issue to the petitioners a Sketch under the "Torrance Scheme" with respect to the property in question; however, indicating therein that it is being issued subject to the final decision in S.M.P.No.11 of 2019. This shall be done by the 3rd respondent, after compliance of all other statutory requirements, as expeditiously as is possible, but not later than one month from the date of receipt of a copy of this judgment. On the afore sketch being issued to the petitioners, they will be at liberty to produce it before the competent Registering Authority who will then act upon its terms; however recording that it is being done subject to further proceedings in S.M.P.No.11 of 2019. Needless to say, the afore two actions will depend upon the final decision of the Land Tribunal in S.M.P.No.11 WP(C) NO. 12058 OF 2022 7 of 2019 and should it end to the detriment of the petitioners, they will abide by all necessary consequences thereof, including for cancellation of the registration and the transfer of Registry, subject to their available remedies in law.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/27.5 WP(C) NO. 12058 OF 2022 8 APPENDIX OF WP(C) 12058/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTO COPY OF THE ASSIGNMENT DEED NO. 1817/1972 OF S.R.O. ANGAMALY DATED 22.05.1972.
Exhibit P2 A TRUE PHOTO COPY OF THE BASIC TAX RECEIPT DATED 04.10.2021 ISSUED FROM THE VILLAGE OFFICE ANGAMALY.
Exhibit P3 A TRUE PHOTO COPY OF THE DEATH CERTIFICATE OF LATE ITTIYAVIRA.
Exhibit P4 A TRUE PHOTO COPY OF THE DEATH CERTIFICATE OF LATE ANNAM.
Exhibit P5 A TRUE PHOTO COPY OF THE RELATION SHIP CERTIFICATE ISSUED FROM THE VILLAGE OFFICER ANGAMALY DATED 09.11.2016. Exhibit P6 A TRUE PHOTO COPY OF THE APPLICATION FOR THE SURVEY MAP SUBMITTED BY THE PETITIONERS BEFORE THE 3RD RESPONDENT. Exhibit P7 A TRUE PHOTO COPY OF THE AREA CALCULATION SKETCH PREPARED BY THE SURVEYOR.
Exhibit P8 A TRUE PHOTO COPY OF THE NOTICE ISSUED IN FORM NO. 28 OF THE SURVEY MANUAL DATED 26.12.2016.
Exhibit P9 A TRUE PHOTO COPY OF THE DRAFT SURVEY MAP PREPARED BY THE SURVEYOR.
Exhibit P10 A TRUE PHOTO COPY OF THE FIELD MEASUREMENT PLAN RELATING TO FIELD NO. 281 OF ANGAMALY VILLAGE.
Exhibit P11 A TRUE PHOTO COPY OF THE NOTICE ISSUED UNDER FORM E BY THE IST RESPONDENT IN SMP NO. 11/2019.
Exhibit P12 A TRUE PHOTO COPY OF THE SURVEY SUB DIVISION STATEMENT SUBMITTED BY THE SURVEYOR IN FORM NO. 7.
Exhibit P13 A TRUE PHOTO COPY OF THE ORDER OF THE IST RESPONDENT DATED 01.02.2020 IN SMP NO. 11/2019.
Exhibit P14 A TRUE PHOTO COPY OF THE ENDORSEMENT MADE BY THE 3RD RESPONDENT IN THE INDEX PAGE OF THE APPLICATION SUBMITTED BY THE PETITIONERS.
Exhibit P15 A TRUE PHOTO COPY OF THE JUDGMENT DATED 13.01.2022 IN WRIT PETITION (C) NO. 22281 OF 2021 OF THE HONOURABLE HIGH COURT OF KERALA.
WP(C) NO. 12058 OF 2022 9Exhibit P16 A TRUE PHOTO COPY OF THE ORDER NO.
AI.955/2021 DATED 05.02.2022 PASSED BY THE 3RD RESPONDENT REJECTING APPLICATION FOR ISSUANCE OF TORRANCE SKETCH.
Exhibit P17 A TRUE PHOTO COPY OF THE THANDAPER ACCOUNT REGARDING THE PROPERTY OF THE PETITIONERS ISSUED BY THE VILLAGE OFFICER, UNDER THE RIGHT INFORMATION ACT ON 24.11.2021.
Exhibit P18 A TRUE PHOTO COPY OF THE LAND TAX RECEIPT RELATING THE PROPERTY OF THE PETITIONERS ISSUED FROM THE VILLAGE OFFICE, ANGAMALY ON 24.11.2021.