Muhammedali K.M vs State Of Kerala
2021 Latest Caselaw 22822 Ker

                    IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                  THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

         TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943

                             WP(C) NO. 20759 OF 2021

PETITIONER:

               MUHAMMEDALI K.M
               AGED 60 YEARS
               S/O MOTHI, KALLIDICKAL HOUSE, VALIYAPARAMBU P.O.PULICKAL,
               MALAPPURAM DISTRICT

               BY ADVS.
               K.MOHANAKANNAN
               H.PRAVEEN (KOTTARAKARA)



RESPONDENTS:

     1         STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,
               THIRUVANANTHAPURAM-695 001.

     2         DISTRICT COLLECTOR,
               CIVIL STATION ROAD, UPHILL, MALAPPURAM, KERALA-676 505.

     3         TAHSILDAR,
               KONDOTTY, TALUK OFFICE, MALAPPURAM-673 638.

     4         TAHSILDAR(LAND RECORDS),
               KONDOTTY, MALAPPURAM-673 638.

     5         THE RE-SURVEY SUPERINTENDENT,
               MANJERI, MALAPPURAM DISTRICT-676 121.

     6         THE VILLAGE OFFICER
               PULICKAL, MALAPPURAM DISTRICT-673 637.


OTHER PRESENT:

               SRI JAFFAR KHAN SR.G.P




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20759 OF 2021

                                     2




                              JUDGMENT

The petitioner says that his predecessors-in-interest and

brothers were in possession of 24 Acres of land, comprised of item

No.18 in Ext.P1. He admits that, out of the afore, an extent of 5.40

Acres were taken possession of by the Government as 'excess land',

under the Kerala Land Reforms Act, but that until today, the

demarcation of the same or its boundaries have not been informed

to him. He says that, therefore, he is now incapacitated from

staking claim to certain other extents of the said land, which, he

admits is in the possession of the 3 rd parties, further saying that

civil suits are also pending with respect to it.

2. The petitioner, therefore, prays that the competent

respondents be directed to identify the 5.40 Acres of land, which

was taken possession of as 'excess land', so as to enable him to

work out his remedies as regards the rest of the properties,

including for seeking permission to remit land tax thereon.

3. The afore submissions of Sri.K.Mohanakannan, learned

counsel appearing for the petitioner, were answered by Sri.Jafar

Khan - learned Senior Government Pleader, saying that, as is

evident from Ext.P6, the petitioner has been found to be in WP(C) NO. 20759 OF 2021

possession of only 2.0920 Hectares of land and that the other

portions are in possession of other persons. He submitted that,

therefore, the petitioner will have to invoke his remedies before

the competent Civil Court and cannot seek that the respondents be

directed to grant him permission to remit land tax on the

properties after 5.40 Acres, which has been determined as being

'excess land'.

4. In reply, Sri.K.Mohanakannan, conceded that the

question whether his client is in possession of 2.0920 Hectares of

land or more, is one that he will have to certainly work out as per

law. He submitted that, however, the impediment which his client

faces in doing so, is that the aforementioned 5.40 Acres of land,

which has been taken possession of as 'excess land', has not been

yet demarcated or its boundaries informed to him. He, therefore,

reiteratingly, prayed that the competent respondents be directed

to afford his client information regarding the demarcation of 5.40

Acres of land, within a time frame to be fixed by this Court.

5. When I evaluate the afore submissions, the question

whether the petitioner is in possession of particular extent of land

or not, can be decided only after the 5.40 Acres, which has been WP(C) NO. 20759 OF 2021

taken possession of from him as 'excess land' is properly identified.

6. To that extent, I am certain that the petitioner is entitled

to relief.

7. In the afore circumstances and without entering into the

other contentions of the rival parties on its merits, I order this writ

petition and direct the 4th respondent - Tahsildar (LR) to hear the

petitioner and take a decision as to the demarcation and

measurements of 5.40 Acres of land, which has been admittedly

taken possession of him as 'excess land' and to furnish him a

report/sketch of the same, as expeditiously as is possible.

8. To obtain an expeditious disposal of the directions

above, I direct the petitioner to mark appearance before the 4 th

respondent at 11.00 am on 03.12.2021; on which day, the said

Authority will either hear him or fix another date of hearing and

assess his documents and then comply with the afore directions

within a period of three months from 03.12.2021.

Needless to say, the petitioner's contentions with respect to

the remaining property, on which he now seeks permission to remit

land tax, are left open to be pursued by him appropriately,

including by approaching this Court again, after the afore exercise WP(C) NO. 20759 OF 2021

is completed and the resultant order communicated to him.

At this point, Sri.K.Mohanankannan, learned counsel for the

petitioner took my attention to Ext.P6 to show me that proceedings

bearing No.CR.700/1973 was initiated as early as on 25.06.1976,

demarcating the 'excess land' mentioning its attributes. He,

therefore, prayed that this may also be directed to be kept in mind

by the 4th respondent, while the afore exercise is completed.

It is without requirement to say that the 4 th respondent will

take into account every relevant and germane input, including

Ext.P6, while orders are issued resultant to the afore directions.

This writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 20759 OF 2021

APPENDIX OF WP(C) 20759/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SETTLEMENT DEED NO 1808/1958.

Exhibit P2 TRUE COPY OF THE COMMUNICATION RECEIVED FORM THE 5TH RESPONDENT DATED 2.3.2017

Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED 21.3.2017 WITH SKETCH FILED BY K.M. MUHAMMEDKUTTY

Exhibit P4 TRUE COPY OF THE COMMUNICATION DATED 14.9.2017 FROM THE 3RD RESPONDENT

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 25054/2018 DATED 25.7.2018

Exhibit P6 TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 3.4.2019

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 10.9.2021

Exhibit P8 TRUE COPY OF THE APPLICATION DATED 18.8.2021 SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR FOR GETTING CERTAIN INFORMATION REGARDING THE DETAILS AND SURVEY SKETCH OF THE PROPERTY TAKEN POSSESSION AS EXCESS LAND

Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 1.9.2021 FROM THE 3RD RESPONDENT