Kerala High Court
Everest Stone Crusher And ... vs The District Collector on 26 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
WP(C) NO. 2864 OF 2021
PETITIONER:
EVEREST STONE CRUSHER AND GRANITES,
M.P.89-V, HIGHWAY ARCADE, THANA,
KANNUR, PIN-670 002,
A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING
PARTNER K.C.JAMES, SON OF K.C.CHACKO.
BY ADVS.
A.V.THOMAS (SR.)
SRI.K.T.THOMAS
SRI.NIDHI SAM JOHNS
SRI.LIJO JOSEPH
SRI.A.KEVIN THOMAS
RESPONDENTS:
1 THE DISTRICT COLLECTOR
DISTRICT COLLECTORATE, KANNUR, PIN-670 002.
2 THE TAHSILDAR,
TALUK OFFICE, TALIPARAMBA TALUK,
TALIPARAMBA, PIN-670 141.
3 THE SUB REGISTRAR,
SUB REGISTRAR OFFICE, SREEKANDAPURAM,
KANNUR DISTRICT, PIN-670 631.
BY ADVS.
SRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL
SRI.M.H HANIL KUMAR, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC No.2864 of 2021 (G)
2
JUDGMENT
The petitioner has approached this Court impugning
Ext.P2 order issued by the 1st respondent - District Collector,
under the provisions of Section 120A of the Kerala Land Reforms
Act.
2. The petitioner asserts that Ext.P2 is now incompetent
because, subsequently, Ext.P3 order has been issued by the
Taluk Land Board, Taliparamba, allowing their claim; and he thus
prays that the 3rd respondent be directed to permit the
registration of the transfer of their property. They assert that
even though the 3rd respondent is obligated in law to do so,
Ext.P11 proceedings has now been issued by the District
Collector rejecting it and, therefore, that they have no other
option but to approach this Court through this writ petition.
3. I have heard Sri.K.T.Thomas, learned counsel
appearing for the petitioner and Sri.M.H.Hanil Kumar, learned
Special Government Pleader, appearing for the respondents.
4. Sri.M.H.Hanil Kumar, learned Special Government
Pleader, conceded that Ext.P3 order of the Taluk Land Board
came after Ext.P2 order had been issued by the District Collector.
He submitted that, however, the State has already filed C.R.P.
(LR) No.50/2020 before this Court, impugning Ext.P3; and
WPC No.2864 of 2021 (G)
prayed that, therefore, no direction be issued against the
respondents in this case, until such time as the said case is
decided by this Court.
5. When I hear the learned Special Government Pleader
as above, it becomes luculent that the real remedy of the State is
to try and obtain necessary orders in C.R.P.(LR) No.50/2020. As
long as they are unable to obtain any interdictory orders from
this Court against Ext.P3, it will be impossible for them to oppose
the plea of the petitioner for registration of their property.
In the afore circumstances, I order that the effect of
Ext.P11 interdictory order issued by the District Collector will be
in force only for a period of one month from the date of receipt of
a copy of this judgment; and in the mean while, if the State is
unable to obtain orders from this Court in the C.R.P. against
registration of property, then the 3 rd respondent will be obligated
to take necessary action in terms of the application of the
petitioner, as per law.
This writ petition is thus disposed of.
Sd/-
DEVAN RAMACHANDRAN, JUDGE
ww
WPC No.2864 of 2021 (G)
APPENDIX OF WP(C) 2864/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE LETTER DATED 03.02.2018
ISSUED BY THE CHAIRMAN, TALUK LAND BOARD,
TALIPARAMBA TO THE 1ST RESPONDENT DISTRICT
COLLECTOR, KANNUR.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.B7-2692/2018
DATED 28.05.2018 ISSUED BY THE 1ST
RESPONDENT DISTRICT COLLECTOR, KANNUR.
EXHIBIT P3 TRUE PHOTOCOPY OF THE ORDER IN
TLB/142/16/TBA DATED 26.02.2020 ISSUED BY
THE TALUK LAND BOARD, TALIPARAMBA.
EXHIBIT P4 TRUE COPY OF THE LETTER DATED 19.06.2020
GIVEN BY THE PETITIONER TO THE 1ST
RESPONDENT DISTRICT COLLECTOR, KANNUR.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 10.07.2020
ISSUED BY THE SUB REGISTRAR,
SREEKANDAPURAM TO THE PETITIONER.
EXHIBIT P6 TRUE COPY OF THE PETITION FILED BY THE
PETITIONER IN W.P.(C) NO.18464 OF 2020
(WITHOUT EXHIBITS) BEFORE THE HON'BLE HIGH
COURT OF KERALA.
EXHIBIT P7 TRUE COPY OF THE STATEMENT DATED
23.10.2020 SUBMITTED BY A DEPUTY TAHSILDAR
IN W.P.(C) 18464 OF 2020.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 10.11.2020
IN W.P.(C) 18464 OF 2020 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 20.11.2020
IN WA NO.1503 OF 2020 PASSED BY THE
HON'BLE HIGH COURT OF KERALA.
WPC No.2864 of 2021 (G)
EXHIBIT P10 TRUE COPY OF THE WRITTEN SUBMISSIONS OF
THE PETITIONER SUBMITTED TO THE 1ST
RESPONDENT DISTRICT COLLECTOR ON
30.11.2020.
EXHIBIT P11 TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR, KANNUR DATED 18.12.2020.
EXHIBIT P12 TRUE PHOTOCOPY OF THE JUDGMENT DATED
21.12.2017 IN WPC NO.41077 OF 2017 (H) OF
HIGH COURT OF KERALA.
EXHIBIT P13 TRUE PHOTOCOPY OF THE JUDGMENT DATED
21.02.2018 IN WPC NO.5708 OF 2018 OF HIGH
COURT OF KERALA.
EXHIBIT P14 TRUE PHOTOCOPY OF THE JUDGMENT DATED
04.04.2018 IN WPC NO.11722 OF 2018 OF HIGH
COURT OF KERALA.
EXHIBIT P15 TRUE PHOTOCOPY OF THE JUDGMENT REPORTED IN
2018 (3) KLJ 772 OF HIGH COURT OF KERALA.
EXHIBIT P16 TRUE PHOTOCOPY OF THE JUDGMENT REPORTED IN
2010(1) KLT 508 OF HIGH COURT OF KERALA.
EXHIBIT P17 TRUE PHOTOCOPY OF THE JUDGMENT REPORTED IN
2015(1) KLT 825 OF HIGH COURT OF KERALA.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 12.04.2018
IN WPC NO.11225 OF 2018 OF HIGH COURT OF
KERALA.
EXHIBIT P19 TRUE COPY OF THE JUDGMENT DATED 10.02.2020
IN WPC NO.9374 OF 2019 OF HIGH COURT OF
KERALA.
