Kerala High Court
Nisar Cheriyandeerakath vs State Of Kerala on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
WEDNESDAY,THE 21ST DAY OF DECEMBER 2022/30TH AGRAHAYANA, 1944
WP(C) NO. 39711 OF 2022
PETITIONER:
NISAR CHERIYANDEERAKATH
AGED 42 YEARS
CHERIYANDEERAKATH, S/O. KAMAL,
NIDIYENGA P.O, THALIPARAMBA TALUK,
KANNUR DISTRICT, PIN - 670 631.
BY ADVS.
SRI.M.ANUROOP
SRI.MURSHID ALI M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, THIRUVANANTHAPURAM,
PIN 695 001.
2 CHAIRMAN,
TALUK LAND BOARD, THALIPARAMBA,
DEPUTY COLLECTOR (L R), KANNUR DISTRICT, PIN- 670
001.
3 REVENUE DIVISIONAL OFFICER,
REVENUE TOWER, COURT ROAD,
THALIPARAMBA, KANNUR DISTRICT, PIN - 670 141.
4 TAHASILDAR,
THALIPARAMBA TALUK, KANNUR DISTRICT
PIN - 670 141.
5 VILLAGE OFFICER,
VILLAGE OFFICE KURUMATHUR,
THALIPARAMBA TALUK, KANNUR DISTRICT, PIN - 670 141.
SMT. C. .S SHEEJA, SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.39711/2022
2
T.R. RAVI, J.
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W.P.(C)No.39711 of 2022
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Dated this the 21st day of December, 2022
JUDGMENT
Admit. Government Pleader takes notice for the respondents.
2. The petitioner is the owner of 20.24 Ares of property
comprised in Re-Sy.No.100/111 (old Sy.No.31/1) of Kurmathur
Amsom Desom in Taliparamba Taluk. The petitioner purchased the
aforesaid property from one Mr.Abdul Hameed. Before the transfer
of the property to the petitioner, when Mr.Abdul Hameed approached
the Registering Authority for registration of his property, the same
was refused stating that the property is included in the ceiling case
of one Mr.Kaitherian Cheriyan Joseph Kattakkayam in Sy.Nos.31/1,
44, 46 and 76 of Kurumathur Amsom, Taliparamba Taluk. Sri Abdul
Hameed thereafter approached this Court by filing W.P.(C)No.24145
of 2019 for exempting the ban and to register his property and this
Court by Ext.P3 judgment directed the Registering Authority to
accept the document for registration. It was thereafter that the
property was sold to the petitioner as per sale deed No.856/2022 of
SRO, Taliparamba. The ban order was again issued for the area in
2021. Though the petitioner approached the Village Officer,
W.P.(C)No.39711/2022
Kurumathur for mutation of his property, the same was refused in
view of the ban order issued in 2021. The prayer in the writ petition
is for a direction to the 5th respondent to effect mutation of the
property and accept basic tax of the property having an extent of
20.24 Ares owned by the petitioner as per sale deed No.856/2022
of SRO, Taliparamba in Re-Sy.No.100/111 (old Sy.No.31/1) of
Kurumathur Village by exempting the ban imposed as per Ext.P2.
Ext.P2 order contains a general direction issued by the 2nd
respondent whereby registration regarding properties comprised in
certain survey numbers of Kurumathur Village was prohibited. This
Court had held that there cannot be any such prohibition to register
documents and the right of the State to initiate action is always
available, even if a registration is effected. I do not find any reason
to take a different view.
3. In the result, this writ petition is allowed. There will be
a direction to the 5th respondent to effect mutation of 20.24 Ares of
property owned by the petitioner as per sale deed No.856/2022 of
SRO, Taliparamba in Re-Sy.No.100/111 (old Sy.No.31/1) of
Kurumathur Village and accept land tax with respect to the property,
at the earliest, at any rate, within two months from the date of
receipt of a copy of this judgment. The 5th respondent will act
untramelled by the prohibition/restriction contained in Ext.P2.
W.P.(C)No.39711/2022
Needless to say that the right of the Government to initiate steps or
to continue steps under the Land Reforms Act is not in any way
affected by this judgment or by the Transfer of Registry which is
carried out based on the directions issued by this Court.
Sd/-Sd/-
T.R. RAVI
JUDGE
dsn
W.P.(C)No.39711/2022
APPENDIX OF WP(C) 39711/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO. 856/2022
OF SRO THALIPARAMBA DATED 24-02-2022
EXECUTED IN FAVOUR OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE ORDER OF THE TALUK LAND
BOARD, THALIPARAMBA DATED 16-11-2017.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN WP(C)
24145/2019 OF HON'BLE HIGH COURT OF
KERALA DATED 26-09-2019.
