Kerala High Court
Mathew @ Mathew Francis 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. 39057 OF 2022
PETITIONER:
MATHEW @ MATHEW FRANCIS,
AGED 64 YEARS, S/O T.J. MATHEW,
THUMBASSERI HOUSE, KURUMATHUR AMSOM,
KURUMATHUR P.O, THALIPARAMBA,
KANNUR DISTRICT, PIN - 670 141.
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 DISTRICT COLLECTOR,
KANNUR DISTRICT, CIVIL STATION,
KANNUR, PIN- 670 001.
3 CHAIRMAN, TALUK LAND BOARD (MINI CIVIL STATION),
COURT ROAD, THALIPARAMBA,
KANNUR DISTRICT, PIN - 670141.
4 THE SUB REGISTRAR, SUB REGISTRAR OFFICE,
THALIPARAMBA, KANNUR DISTRICT, PIN- 670141.
5 TAHASILDAR, THALIPARAMBA THALUK, THALIPARAMBA P.O,
KANNUR DISTRICT, PIN- 670141.
6 VILLAGE OFFICER, VILLAGE OFFICE KURUMATHUR,
THALIPARAMBA, KANNUR DISTRICT, PIN - 670141.
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.39057/2022
2
T.R. RAVI, J.
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W.P.(C)No.39057 of 2022
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Dated this the 21st day of December, 2022
JUDGMENT
The prayer in the writ petition is for a direction to the 4 th
respondent to accept and register any document with respect to the
property belonging to the petitioner covered by Ext.P1 sale deed
No.2680/2022 of SRO, Taliparamba and to direct the 5th and 6th
respondents to effect mutation of the property and accept basic tax
for the property having an extent of 40.47 Ares owned by the
petitioner as per sale deed No. 2680/2022 of SRO, Taliparamba in
Re-Sy.No.106/103 (old Sy.No.31/1) of Kurumathur Village by
exempting the ban imposed as per Exts.P3 and P4. Ext.P3 is an
order dated 16.11.2017 issued by the 3rd respondent whereby owing
to a ceiling case with respect to the properties which were owned
by one Cheriyan Joseph of Kattakkayam, registration regarding
properties comprised in certain survey numbers of Kurumathur
Village were 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.
W.P.(C)No.39057/2022
3. In the result, this writ petition is allowed. There will be
a direction to the 4th respondent to accept and register any
document with respect to the property belonging to the petitioner
covered by Ext.P1 sale deed, if the same is presented for registration
and is otherwise in order. There will be a further direction to
respondents 5 and 6 to effect mutation of 40.47 Ares of property
owned by the petitioner as per sale deed No.2680/2002 of SRO,
Taliparamba in Re-Sy.No.106/103 (old Sy.No.31/1) of Kurumathur
Village, at the earliest, at any rate, within two months from the date
of receipt of a copy of this judgment. The respondents 4 to 6 will act
untramelled by the prohibition/restriction contained in Exts.P3 and
P4. 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 registration or 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.39057/2022
APPENDIX OF WP(C) 39057/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF THE SALE DEED NO.2680/2002
OF S.R.O. THALIPARAMBA, DATED 25-10-2002
EXECUTED IN FAVOUR OF THE PETITIONER.
Exhibit P2 TRUE COPY OF THE TAX RECEIPT DATED
19-05-2022.
Exhibit P3 THE TRUE COPY OF THE ORDER OF THE TALUK
LAND BOARD, THALIPARAMBA DATED 16-11-
2017.
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE
DISTRICT COLLECTOR DATED 29-07-2021.
