P.P.Subramanian vs State Of Kerala
2021 Latest Caselaw 22558 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                       WP(C) NO. 22954 OF 2021
PETITIONER:

          P.P.SUBRAMANIAN,
          AGED 60 YEARS
          S/O. PENGAN, PULLUPARAMBIL VEEDU, HOUSE NO. 43/20,
          KATTIKKARAKUNNU, PO. ASHTAMICHIRA, THRISSUR DISTRICT,
          PIN 680 731.

          BY ADVS.
          K.J.MANU RAJ
          RAVI KRISHNAN
          K.VINAYA



RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY,
          DEPARTMENT OF REVENUE,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001

    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, AYYANTHOLE,
          THRISSUR DISTRICT, PIN 680 003.

    3     TALUK ASSIGNMENT COMMITTEE,
          REP. BY THE TAHSILDAR, CHALAKUDY TALUK OFFICE,
          MINI CIVIL STATION, CHALAKUDY P.O,
          THRISSUR DISTRICT , PIN 680 307.

    4     THE TAHSILDAR,
          TALUK OFFICE, CHALAKUDY TALUK,
          MINI CIVIL STATION, CHALAKUDY P.O,
          THRISSUR DISTRICT, PIN 680 307.

    5     THE VILLAGE OFFICER,
          VADAKKUMBHAGAM VILLAGE, VADAMA P.O, THRISSUR DISTRICT,
          PIN 680 732.

    6     THE MALA GRAMA PANCHAYAT,
          REP. BY ITS SECRETARY,
 WP(C) NO. 22954 OF 2021
                                       2


             MINI CIVIL STATION, MALA P.O, THRISSUR-680 732

     7       THE DEPUTY DIRECTOR OF PANCHAYAT,
             CIVIL STATION, AYYANTHOLE, THRISSUR-680 003

             BY ADVS.
             GOVERNMENT PLEADER
             PHILIP T.VARGHESE



OTHER PRESENT:

             SMT.SURYA BINOY SR.G.P.AND SRI .THOMAS T
             VARGHESE.SC.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   19.11.2021,   THE   COURT    ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 22954 OF 2021
                                   3


                          JUDGMENT

The petitioner says that he has been in continuous and

uninterrupted possession of over 33 cents of land, comprised

of in Survey No. 610/3 of Vadakkumbhagam Village,

Chalakudy, for the last several years, which is evident from

the fact that he has been issued with Exts.P1 series documents

in the same address. He says that, therefore, he made an

application for assignment of the said extent in his name,

through Ext.P3 dated 05/10/2019, producing along with it all

relevant and necessary documents; but that no action has

been taken thereon, except issuing Ext.P6 by the Tahsildar,

saying the property in question is vested in Mala Grama

Panchayat and therefore, that unless it is divesed and brought

into the account of the Government, this application cannot be

considered.

2. Sri.Manuraj K.J - learned counsel appearing for the

petitioner, contested Ext.P6, saying that, as is manifest from

Exts.P2 and P12, the Mala Panchayat has made it WP(C) NO. 22954 OF 2021

unequivocally clear that they have no right over the property in

question and that the same is not included in their Asset

Register. He submitted that, therefore, the objections stated in

Ext.P6 has been rectified; and consequently that the Tahsildar

is now obligated to consider Ext.P3 application in terms of law.

3. Sri.Thomas T. Varghese - learned counsel appearing

for Mala Panchayat, affirmed the afore submissions of Sri.

Manuraj, conceding that the property claimed by the petitioner

is not included in the Asset Register of the Panchayat nor have

made any claim over the same in any manner. He submitted

that, therefore, his client does not stand in the way of any relief

being granted by this Court to the petitioner.

4. Smt. Surya Binoy - learned Senior Government

Pleader, appearing for the official respondents, initially sought

time to file counter pleadings in support of Ext.P6; but then

argued that Ext.P6 cannot be assailed by the petitioner,

because as per the records available to the Tahsildar, the land

in question is in the possession and ownership of the

Panchayat and is being used as a "cattle grazing ground". She WP(C) NO. 22954 OF 2021

added that, in any event of the matter, even if the land is not

included in the Asset Register of the Panchayat, it is liable to

be vested in them under the provisions of Section 739 of the

Kerala Panchayat Raj Act.

5. Even when I hear the learned Senior Government

Pleader, as afore, when Thomas T. Varghese affirmatively says

that the property is not included in the Asset Register of the

Panchayat, I fail to understand why the Tahsildar should stick

to hyper - technical reasons or hypothetical contentions, that

the land is liable to be vested in the said Panchayat under

Section 279 of the Kerala Panchayat Raj Act. This is especially

because, the official respondents do not say that the land

cannot be assigned to the petitioner, but only that it ought to

have been first divested from the Panchayat and brought into

the account of the Revenue and then again assigned in favour

of the Panchayat. In any event of the matter, even going by

Section 279 of the Kerala Panchayat Raj At, even if the land in

question is vested with the Panchayat, they only have the right

to regulate it, being a "Puramboke" one. WP(C) NO. 22954 OF 2021

6. In such scenario in view of the unequivocal stand

taken by the Mala Grama Panchayat, I am certain that the

finding and conclusion in Ext.P6 cannot find my favour.

Taking note of the afore circumstances, I order this writ

petition and direct the 4th respondent - Tahsildar, to

immediately take up Ext.P3 application of the petitioner and

dispose of the same, after affording him, as also the Secretary

of the Mala Grama Panchayat, an opportunity of being heard;

thus culminating in an appropriate order and necessary action

thereon, de hors Ext.P6, as expeditiously as is possible, but not

later than two months from the date of receipt of a copy of this

judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE ANB WP(C) NO. 22954 OF 2021

APPENDIX OF WP(C) 22954/2021

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF AADHAR CARD, ISSUED TO THE PETITIONER.

Exhibit P1(a) A TRUE COPY OF THE ELECTION ID ISSUED TO THE PETITIONER.

Exhibit P1(b) A TRUE COPY OF THE RATION CARD NO.

1843055901 DATED 24.12.2008.

Exhibit P1(c) A TRUE COPY OF THE RATION CARD NO.

1875006832 DATED 15.3.2017 ISSUED TO SARASAMMA SUBRAMANIAN (WIFE OF THE PETITIONER).

Exhibit P1(d) A TRUE COPY OF THE ELECTRICITY BILL WITH RESPECT TO PETITIONER'S BUILDING DATED 11.11.2020.

Exhibit P1(e) A TRUE COPY OF THE WATER BILL IN RESPECT OF PETITIONER'S BUILDING DATED 9.7.2018.

Exhibit P1(f) A TRUE COPY OF THE BSNL BILL WITH RESPECT TO PETITIONER'S BUILDING DATED 8.3.2018.

Exhibit P1(g) A TRUE COPY OF THE PASSBOOK ISSUED BY BHARATH GAS TO THE PETITIONER.

Exhibit P1(h) A TRUE COPY OF THE RELEVANT PAGE OF THE VOTERS LIST OF MALA GRAMA PANCHAYAT.

Exhibit P2 A TRUE COPY OF THE NOTICE DATED 23.09.2014 ISSUED BY MALA GRAMA PANCHAYAT.

Exhibit P2(A) A TRUE COPY OF THE BUILDING TAX RECEIPTS ISSUED BY MALA GRAMA PANCHAYAT.

Exhibit P3 A TRUE COPY OF THE APPLICATION IN THE PRESCRIBED FORM FOR ASSIGNMENT OF LAND DATED 5.10.2019 ALONG WITH TYPED COPY. WP(C) NO. 22954 OF 2021

Exhibit P4 A TRUE COPY OF THE COMMUNICATION DATED 04.11.2020.

Exhibit P4(A) A TRUE COPY OF THE DECISION OF THE MALA GRAMA PANCHAYAT DATED 13.10.2020.

Exhibit P5 A TRUE COPY OF THE JUDGMENT IN W.P.C NO.

1182/2021 DATED 15.1.2021.

Exhibit P6 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE TAHSILDAR CHALAKUDY DATED 25.1.2021.

Exhibit P7 A TRUE COPY OF THE COMMUNICATION ISSUED BY MALA GRAMA PANCHAYAT TO THE PETITIONER DATED 5.2.2021.

Exhibit P8 A TRUE COPY OF THE CERTIFICATE DATED 30.07.2021.

Exhibit P9 A TRUE COPY OF THE RELEVANT PAGE OF BASIC TAX REGISTER WITH RESPECT TO SY NO. 610/3.

Exhibit P10 A TRUE COPY OF THE INCOME CERTIFICATE DATED 14.7.2021.

Exhibit P11 A TRUE COPY OF THE SKETCH OF THE PROPERTY COMPRISED IN SY. NO. 610/3 DATED 30.07.2021.