Kulappuram Miyanath Muhammed ... vs The Tahsildar
2021 Latest Caselaw 22823 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. 23246 OF 2021

PETITIONER:

               KULAPPURAM MIYANATH MUHAMMED ASHARAF
               AGED 35 YEARS
               S/O.ABDULLA N., PILAVALAPPIL, VALIYAPOYIL PO, CHERUVATHUR
               VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671313.

               BY ADVS.
               M.V.AMARESAN
               S.S.ARAVIND



RESPONDENTS:

     1         THE TAHSILDAR,
               (LAND DOCUMENTS), PAYYANUR, P.O.PAYYANUR, KANNUR DISTRICT, PIN-
               670307.

     2         VILLAGE OFFICER,
               ALAPPADAMBA, P.O.MATHIL, KANNUR DISTRICT, PIN-670307.

     3         DISTRICT COLLECTOR,
               COLLECTORATE, KANNUR, PIN-670001.

     4         REJIMOL SEBASTIAN,
               AGED 56 YEARS
               D/O. N.S.VARKEY, VADAKKAN HOUSE, THALICHALAM, SOUTH TRIKARIPUR
               VILLAGE, P.O.ELAMBACHI, HOSDURG TALUK, KASARAGOD DISTRICT, PIN-
               671311.


OTHER PRESENT:

               SR.GP - SMT AMMINIKKUTTY




     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. 23246 OF 2021

                                     2




                               JUDGMENT

The petitioner has approached this Court impugning Ext.P7

proceedings of the 1st respondent - Tahsildar (LR), saying that the

statements therein are egregiously improper since the property in

question involved in this case is covered by Ext.P2 Purchase

Certificate.

2. The petitioner explains that he purchased the property

in question from his vendor, who traced his title to a certain

Smt.K.V.Soosi, against whom a suo motu proceedings had been

taken under the provisions of the Kerala Land Reforms Act; and the

extents in question were found to be liable to be released to her. He

alleges that, though Ext.P2 Purchase Certificate was thereafter

issued, the Tahsildar has now taken a stand that the property in

question has been declared as 'excess land'; and thus prayed that

Ext.P7 be set aside and the said Authority be directed to effect

transfer of Registry of the property involved in this case, which is

covered by Ext.P1 Sale Deed, in his favour, within a time frame to

be fixed by this Court.

3. Sri.M.VAmaresan, learned counsel appearing for the

petitioner, further submitted that even if there is a mistake in the WP(C) NO. 23246 OF 2021

resurvey as is stated in Ext.P7, the same cannot put his client to

prejudice, because Ext.P2 Purchase Certificate has been acted

upon by the competent Authorities in the past, which is also evident

from Ext.P8 judgment of this Court. He therefore, reiteratingly

prayed that the reliefs sought for in this writ petition be allowed.

4. Smt.Elizabath George, learned counsel for the 4 th

respondent, affirmed the submissions made on behalf of the

petitioner by Sri.M.V.Amaresan, arguing that as long as the

property is covered by Ext.P2 Purchase Certificate, the statements

in Ext.P7 cannot obtain force in law.

5. The learned Senior Government Pleader - Smt.Surya

Binoy, however, supported Ext.P7, contending that since the

Resurvey records showed that the property is covered by the

proceedings of the Thaliparambu Land Board, in which, it has been

included as 'excess land', the petitioner cannot stake any claim over

it, unless he takes necessary action with respect to the said

proceedings. She, therefore, prayed that this writ petition be

dismissed.

6. When I evaluate the afore submissions, there can be no

doubt that if the property in question is covered by Ext.P2 Purchase WP(C) NO. 23246 OF 2021

Certificate, then there appears to be some issue with respect to the

resurvey conducted in the area in question.

7. I say this because, if the property is the one covered by

the Purchase Certificate, then I fail to understand how, during

resurvey, it can be again shown as 'excess land'. However, since

this aspect is in the realm of facts, it would not be possible for this

Court to affirmatively speak upon it while acting under Article 226

of the Constitution of India at the first instance.

8. I am, therefore, of the firm view that the Tahsildar (LR)

must hear the petitioner, as also the 4 th respondent - if she appears

before him, and take a fresh decision on the petitioner's request,

specifically adverting to Ext.P2 Purchase Certificate and Ext.P1

Sale Deed.

In the afore circumstances, I order this writ petition and set

aside Ext.P7; with a consequential direction to the 1 st respondent -

Tahsildar (LR), to hear the petitioner as also the 4 th respondent - if

she is interested, and then take a fresh decision on the former's

request for transfer of Registry of the property covered by Ext.P1

Sale Deed, adverting specifically to Ext.P2 Purchase Certificate;

thus culminating in an appropriate order and necessary action WP(C) NO. 23246 OF 2021

thereon, as expeditiously as is possible but not later than three

months from the date of receipt of a copy of this judgment.

Needless to say, while the afore exercise is taken forward, if

the 1st respondent - Tahsildar requires any clarification with respect

to the resurvey, he will be at liberty to obtain necessary reports

from the competent Authorities for such purpose, so that the order

resultant to these directions will be issued adverting to the extents

and the measurements of the property mentioned in Ext.P2

Purchase Certificate.

sd/-

DEVAN RAMACHANDRAN JUDGE rp WP(C) NO. 23246 OF 2021

APPENDIX OF WP(C) 23246/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF REGISTERED JENM SALE DEED BEARING NO.2929/2019 IN SRO, PAYYANUR DATED 10.10.2019.

Exhibit P2 TRUE COPY OF PURCHASE BEARING NO.289/1984 DATED 9.7.1984 ISSUED BY KANNUR DEPUTY COLLECTOR, LAND TRIBUNAL IN S.M.487/1983.

Exhibit P3 TRUE COPY OF LEGAL HEIR CERTIFICATE OF DECEASED SOOSI DATED 23.11.2012 ISSUED BY TAHSILDAR, TALIPARAMBA.

Exhibit P4 TRUE COPY OF LAND TAX PAYMENT RECEIPT DATED 9.8.2019 ISSUED BY 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF POSSESSION CERTIFICATE DATED 14.3.2019 ISSUED BY 2ND RESPONDENT TO THE ASSIGNERS OF THE PETITIONER.

Exhibit P6 TRUE COPY OF THANDAPER ACCOUNT ISSUED BY THE 2ND RESPONDENT DATED 26.9.2019.

Exhibit P7 TRUE COPY OF THE PROCEEDINGS BEARING NO.KDS-

4308/2020/F2 DATED 20.8.2020 ISSUED BY 1ST RESPONDENT.

Exhibit P8 TRUE COPY OF JUDGMENT DATED 27.8.2021 IN WP(C) NO.11698/2021 PASSED BY THIS HON'BLE COURT.