IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
WP(C) NO. 10068 OF 2022
PETITIONER:
KESAVAN
AGED 73 YEARS, S/O GOVINDAN,
R/AT KALLUKUNNEL HOUSE, ANAKKULAM P.O.,
MANKULAM VILLAGE, DEVIKULAM TALUK,
IDUKKI DISTRICT, PIN - 685 561
BY ADVS.
S.JIJI
PRATHEESH PRABHA
RESPONDENTS:
1 THE DISTRICT COLLECTOR
CIVIL STATION, KUYILIMALA P.O.,
PAINAVE, IDUKKI, PIN - 685603
2 THE SUB REGISTRAR
OFFICE OF THE SUB REGISTRAR,
DEVIKULAM, IDUKKI DISTRICT
PIN - 685613
3 THE THAHASILDAR
TALUK OFFICE COMPLEX,
DEVIKULAM, IDUKKI DISTRICT
PIN - 685613
BY SRI.BIMAL K.NATH, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 10068 OF 2022
2
T.R. RAVI, J.
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W. P. (C). No. 10068 of 2022
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Dated this the 31st day of May, 2022
JUDGMENT
The petitioner was assigned 1 Hector of land as per Ext.P1 dated 01.04.1980. It is submitted that even though an order of assignment in Form 5 as required under the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977 was issued as early as in 1980, a patta in Form 6 was issued only much later on 07.12.2019. The petitioner seeks to alienate the property. Petitioner's grievance is that the 2 nd respondent has refused to accept and register the document of transfer for the reason that the period of 12 years during which alienation is prohibited has not expired on the basis of Ext.P3 patta.
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. Rule 8 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules specifically says that the lands assigned shall not be alienable for a period of 12 years from the WP(C) NO. 10068 OF 2022 3 "date of assignment". Rule 12 prescribes the procedure for assignment and Rule 13 says that the order of assignment shall be issued by the assigning authority in Form No.5. Ext.P1 is the order of assignment issued in Form No.5. As such, there can be no dispute regarding the date of assignment. In such situation, the embargo regarding alienation can only be calculated from the date of assignment, which is the date of Ext.P1. The date on which Ext.P2 patta has been issued has no relevance in this situation, since the patta itself is issued consequent to Ext.P1 assignment, under Rule 16.
The writ petition is allowed. There will be a direction to the 2nd respondent to receive and register any document legally created with respect to the property covered by Ext.P1 voluntarily presented by the petitioner, if the same is in accordance with all other legal formalities.
Sd/-
T.R. RAVI JUDGE Pn WP(C) NO. 10068 OF 2022 4 APPENDIX OF WP(C) 10068/2022 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE ASSIGNMENT ORDER DATED 01-04-1980 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P-2 TRUE COPY OF THE PATTA DATED 07-12-2019 ISSUED IN THE NAME OF THE PETITIONER BY THE 3RD RESPONDENT Exhibit P-3 TRUE COPY OF THE LETTER DATED 10-02-2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT Exhibit P-4 TRUE COPY OF THE DRAFT DEED DATED 22-03-2022 PREPARED ON BEHALF OF THE PETITIONER.
RESPONDENTS' EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE CLARIFICATION RECEIVED FROM SUB COLLECTOR, DEVIKULAM