Kerala High Court
Sameer C vs State Of Kerala on 22 July, 2021
WP(C) NO. 27234/2019 & 20660/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 20660 OF 2020
PETITIONER/S:
DIYA JOSEPH
AGED 36 YEARS
W/O. JOSEPH JOHN, EZHUMANTHURUTHIL HOUSE, ERNAKULAM
COLLEGE POST, ERNAKULAM, KOCHI-682035.
BY ADV VINOD VALLIKAPPAN
RESPONDENT/S:
1 THE TAHSILDAR,
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM
DISTRICT-686507.
2 THE VILLAGE OFFICER,
KERALA ESTATE VILLAGE, KERALA ESTATE, KARUVARAKUNDU,
MALAPPURAM DISTRICT-676525.
OTHER PRESENT:
SRI.Y.JAFAR KHAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).27234/2019, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27234/2019 & 20660/2020 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 27234 OF 2019
PETITIONER/S:
1 SAMEER C.
AGED 34 YEARS
S/O. MUHAMMAD, CHEMBAN HOUSE, KOONAMAVU, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
2 ASLAM IBNUL UMMER
AGED 34 YEARS
S/O. UMMER, THANNIKADAN HOUSE, MANJALPARA, KERALA ESTATE
POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
3 AMMINI
AGED 71 YEARS
W/O. KUNJUKUNJU, PUTHENPURAKKAL, CHOLAMAMANNA,
EDATHUNATTUKARA, ALANALLUR PALAKKAD - 678 601
4 MARAKKARKUTTY
AGED 44 YEARS
S/O. HAMZA, KOLAMBAN HOUSE, PANTHRA, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
5 MAIMOONA
AGED 44 YEARS
D/O. MUHAMMAD, POOLAMPARAMBAN HOUSE, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
6 HANEEFA
AGED 37 YEARS
S/O. MUHAMMAD, MUSLIARAKATH HOUSE, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
7 MUHAMMAD
AGED 59 YEARS
S/O. KUNHAYAMMJU, KULANGARA, PUTHIYAKADA, KERALA ESTATE
POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
8 NOUSHADALI
KUNJUMUHAMMAD, PILAKKADAN, HOUSE, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
WP(C) NO. 27234/2019 & 20660/2020 3
9 ERSHAD
AGED 29 YEARS
S/O. ABU, MULAYATH HOUSE, KERALA ESTATE POST, KARUVARAKUNDU,
MALAPPURAM DISTRICT - 676 525
10 SIDDIQ
AGED 49 YEARS
S/O. MUHAMMAD, MUTTUMMAL HOUSE, MANJALPARA, KERALA ESTATE
POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
11 SALEENA T H
AGED 33 YEARS
D/O. HASSAN T A, THACHAMPALLI HOSE, MANJALPARA, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
12 SHARAFUDHEEN
AGED 29 YEARS
S/O. KUNJUMUHAMMAD, PADATHUMPEEDIKA HOUSE, ALIKODE, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
13 MAJEED
AGED 58 YEARS
S/O. MUHAMMAD, NEERANKUZHIYAN HOUSE, MANJALPARA, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
14 MUHAMMAD
AGED 36 YEARS
S/O. BEERAN, KARATHODIKA HOUSE, PULNKADAVU, KERALA ESTATE
POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
15 SHARAFUDHEEN
AGED 41 YEARS
S/O. HAMZA, THORAKKADAN HOUSE, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
16 MUHAMMAD FAIZAL
AGED 40 YEARS
S/O. MUHAMMAD, KUNNATH HOUSE, PANTHRA, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
17 SHAMEERA
AGED 33 YEARS
S/O. MUHAMMAD FAIZAL, KUNNANATH HOUSE, PANTHRA, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
18 USMAN
AGED 45 YEARS
S/O. SAID, MAMBAI HOSUE, MANJALPARA, MUHAMMAD FAIZAL S/O.
MUHAMMAD, AGED 40 YEARS, KUNNATH HOUSE, PANTHRA, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
WP(C) NO. 27234/2019 & 20660/2020 4
19 SAIRABANU
W/O. USMAN, MAMBAI HOUSE, MANJALPARA, MUHAMMAD FAIZAL S/O.
MUHAMMAD, AGED 40 YEARS, KUNNATH HOUSE, PANTHRA, KERALA
ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
20 MUHAMMAD
AGED 38 YEARS
S/O. RAVINDRAN, PALAVILAYIL HOUSE, KERALA ESTATE POST,
KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
21 SAKEERA
AGED 38 YEARS
D/O. MUHAMMAD, KANIYAMPARA HOUSE, ALIKKODE, KERALA ESTATE
POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525
BY ADV VINOD VALLIKAPPAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001
2 THE SECRETARY TO GOVERNMENT
DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
3 THE SPECIAL OFFICER AND COLLECTOR
STATE SPECIAL OFFICE, GOVERNMENT LAND RESUMPTION, PUBLIC
OFFICE BUILDINGS, MUSEUM P.O., THIRUVANANTHAPURAM - 695 033
4 THE TAHSILDAR
NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT,
PIN - 686 507
5 THE VILLAGE OFFICER
KERALA ESTATE VILLAGEW, KERALA ESTATE POST, KARUVARAKUNDU,
MALAPPURAM DISTRICT - 676 525
BY GOVERNMENT PLEADER, Y.JAFAR KHAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).20660/2020, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 27234/2019 & 20660/2020 5
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) Nos. 27234 of 2019 & 20660 of 2020
-------------------------------------------------------------
Dated this the 22nd day of July, 2021
JUDGMENT
These writ petitions are connected and therefore, I am
disposing these writ petitions by a common judgment.
2. The prayers in W.P.(C.) No. 20660 of 2020 are
extracted hereunder :
"A) to issue a writ in the nature of mandamus or any other
appropriate writ, direction or order commanding the 2 nd respondent
to effect mutation of the property covered by Exhibit P1 and P2
settlement deeds to the name of the petitioner within a specified
time limit and to accept the land tax including the arrears till date
and to continue accepting the land tax.
B) to pass such other writ order or direction that this Hon'ble
Court may deem fit and proper in the facts and circumstances of the
case; and
C) allow cost to the petitioner."
3. According to the petitioners, they are in absolute
possession and enjoyment of certain extent of property in
Kerala Estate Village by virtue of registered documents. The
grievance of the petitioners is that the mutation is not effected
and the tax is not accepted. Hence, these writ petitions were
filed by the petitioners.
3. Heard counsel for the petitioners and the
Government Pleader.
4. The Government Pleader submitted that
fragmentation of the property is not possible in the light of the
subsequent judgment of this Court in Mathew K.Jacob v.
District Environmental Impact Assessment Authority
[2018 (5) KHC 487] and One Earth One Life v. State of
Kerala [2019 KHC 221]. Therefore, the Government Pleader
submitted that the prayers in the writ petition may not be
allowed.
5. The counsel for the petitioner relied Ext.P3 produced
in W.P.(C.) No. 20660/2020 and connected cases, in which this
Court allowed mutation and directed the authorities to accept
tax to the properties in the same village, in which the same
objection was raised.
6. After hearing both sides, I think similar order like
Ext.P3 in W.P(C.) No. 20660/2020 can be passed in this case
also. This Court disposed a batch of cases in the above
judgment in which the decision of this Court in Devassia v.
Sub-Registrar [2015 (1) KHC 825] is relied. Admittedly, the
WP(C) NO. 27234/2019 & 20660/2020 7
judgment in Devassia's case (supra) is not challenged. Ext.P3
judgment is also not challenged. In such circumstances, I think
there is no reason to deny the same benefit to the petitioners in
this writ petition.
Therefore, these writ petitions are allowed, in the
following manner :
1) The second respondent, Village Officer, Kerala Estate
Village, Karuvarakundu is directed to effect transfer of Registry
in the name of the petitioners, based on the registered deed
produced by them, within a period of 4 weeks from the date of
receipt of a copy of this judgment. Basic tax also shall be
accepted for those property during the above period.
2) It is made clear that the State is at liberty to proceed
against the property, if there is any violation of the provisions
of the Kerala Land Reforms Act.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 27234/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2371/18 OF
KARUVARAKUNDU SRO DATED 12-11-2018 IN THE
NAME OF THE 1ST PETITIONER SAMEER C.
EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 1757/18 OF
KARUVARAKUNDU SRO DATED12-11-2018 IN THE
NAME OF THE 1ST PETITIONER SAMEER C.
EXHIBIT P3 TRUE COPY OF THE SALE DEED NO. 2023/16 OF
KARUVARAKUNDU SRO DATED 23-9-2016 IN THE
NAME OF THE 3RD PETITIONER AMMINI
EXHIBIT P4 TRUE COPY OF THE SALE DEED NO. 465/18 OF
KARUVARAKUNDU SRO DATED 23-2-2018 IN THE
NAME OF THE 4TH PETITIONER MARAKKARKUTTY
EXHIBIT P5 TRUE COPY OF THE SALE DEED NO. 1969/18 OF
KARUVARAKUNDU SRO DATED 14-9-2018 IN THE
NAME OF THE 5TH PETITIONER MAIMOONA
EXHIBIT P6 TRUE COPY OF THE SALE DEED NO. 896/19 OF
KARUVARAKUNDU SRO DATED 25-4-2019 IN THE
NAME OF THE 6TH PETITIONER HANEEFA
EXHIBIT P7 TRUE COPY OF THE SALE DEED NO. 750/18 OF
KARUVARAKUNDU SRO DATED 29-3-2019 IN THE
NAME OF THE 7TH PETITIONER MUHAMMAD
EXHIBIT P8 TRUE COPY OF THE SALE DEED NO. 1566/18 OF
KARUVARAKUNDU SRO DATED 11-7-2018 IN THE
NAME OF THE 8TH PETITIONER BOUSHADALI
EXHIBIT P9 TRUE COPY OF THE SALE DEED NO. 119/17 OF
KARUVARAKUNDU SRO DATED 17-1-2017 IN THE NAME
OF THE 9TH PETITIONER ERSHAD
EXHIBIT P10 TRUE COPY OF THE SALE DEED NO. 2623/16 OF
KARUVARAKUNDU SRO DATED 21-12-2016 IN THE NAME
OF THE 10TH PETITIONER SIDDIQ
EXHIBIT P11 TRUE COPY OF THE SALE DEED NO. 2162/18 OF
KARUVARAKUNDU SRO DATED 10-10-2018 IN THE NAME
OF THE 11TH PETITIONER SALEEMA
EXHIBIT P12 TRUE COPY OF THE SALE DEED NO. 1989/17 OF
KARUVARAKUNDU SRO DATED 7-10-2017 IN THE NAME
OF THE 12TH PETITIONER SHARAFUDHEEN
EXHIBIT P13 TRUE COPY OF THE SALE DEED NO. 463/18 OF
KARUVARAKUNDU SRO DATED 23-2-2018 IN THE NAME
OF THE 13TH PETITIONER MAJEED
EXHIBIT P14 TRUE COPY OF THE SALE DEED NO. 614/18 OF
KARUVARAKUNDU SRO DATED 28-2-2018 IN THE NAME
OF THE 14TH PETITIONER MUHAMMAD
EXHIBIT P15 TRUE COPY OF THE SALE DEED NO. 6/17 OF
KARUVARAKUNDU SRO DATED 30-12-2016 IN THE NAME
OF THE 15TH PETITIONER SHARAFUDHEEN
EXHIBIT P16 TRUE COPY OF THE SALE DEED NO. 1987/17 OF
KARUVARAKUNDU SRO DATED 7-10-2017 IN THE JOINT
NAMES OF THE 16TH PETITIONER MUHAMMAD FAIZAL
AND HIS WIFE THE 17TH PETITIONER SHAMEERA
EXHIBIT P17 TRUE COPY OF THE SALE DEED NO. 1159/18 OF
KARUVARAKUNDU SRO DATED 7-5-2018 IN THE JOINT
NAMES OF THE 18TH PETITIONER USMAN AND HIS
WIFE THE 19TH PETITIONER SAIRABANU
EXHIBIT P18 TRUE COPY OF THE SALE DEED NO. 479/18 OF
KARUVARAKUNDU SRO DATED 24-2-2018 IN THE JOINT
NAMES OF THE 20TH PETITIONER MUHAMMAD AND HIS
WIFE THE 21ST PETITIONER SAKEENA
EXHIBIT P19 TRUE COPY OF THE ORDER ISSUED BY THE 1ST
RESPONDENT GO (RT) NO. 4963/2017/RD DATED 21-
11-2017
APPENDIX OF WP(C) 20660/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED
NO.388/2020 OF KARUVARAKUNDU SRO DATED
24/02/2020.
EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED
NO.389/2020 OF KARUVARAKUNDU SRO DATED
24/02/2020.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO.
21632/2019 AND CONNECTED CASES DATED
19/02/2020.
