Kerala High Court
Jose vs The Deputy Collector (Lr) on 27 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 12058 OF 2022
PETITIONERS:
1 JOSE,
AGED 59 YEARS
S/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
2 DAVIS,
AGED 53 YEARS
S/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O.,
ANGAMALY, ERNAKULAM DISTRICT 683 572.
3 MARY,
AGED 65 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
4 PHILOMINA,
AGED 63 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
5 ELSY ,
AGED 57 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
6 SHIJI,
AGED 50 YEARS
D/O. ITTIYAVIRA,
KOONATHAN HOUSE,'NAYATHODE, NAYATHODE P.O., ANGAMALY,
ERNAKULAM DISTRICT 683 572.
BY ADVS.
K.V.JAYADEEP MENON
T.P.RAMESH (THENGUMPILLIL)
JINS.P.JOHN
P.KRISHNAPRIYA
RESPONDENTS:
1 THE DEPUTY COLLECTOR (LR),
CIVIL STATION, COLLECTORATE, KAKKANAD, ERNAKULAM
WP(C) NO. 12058 OF 2022 2
DISTRICT 682 030.
2 THE DEPUTY DIRCTOR (SURVEY),
SURVEY AND LAND RECORDS, COLLECTORATE, CIVIL
STATION, KAKKANAD, ERNAKULAM 682 030.
3 HEAD SURVEYOR AND APPROVING AUTHORITY,
REGISTRATION SUB DISTRICT SURVEY DEPARTMENT, CIVIL
STATION, ANGAMALY, ERNAKULAM DISTRICT 683 572.
SMT.MABLE C.KURIAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 12058 OF 2022 3
JUDGMENT
The petitioners seek that the competent respondent be
directed to issue them a Sketch with respect to the property
in question under the "Torrance Scheme", since it is
situated in Angamaly, Kerala. They admit that the "janmam
right" with respect to the property is yet to be declared in
their favour, though they have moved an application for
such purpose before the competent Tribunal, which is
numbered as S.M.P.No.11 of 2019. They say that, in any
event of the matter, this would be of no consequence
because, through Ext.P13, the transfer of Registry of the
property has already been effected in favour of their father,
who died subsequently, thus making them its eligible
owners.
2. The petitioners then explain that they have now
executed a settlement deed with respect to the property
and that same can be registered only if a Sketch under the
"Torrance Scheme" is received. They, therefore, pray that
competent respondent be directed to favour them with such
a Sketch without any further delay.
3. In response to the afore submissions of
Shri.K.V.Jayadeep Menon - learned counsel for the
petitioners, the learned Senior Government Pleader -
Smt.Mable C.Kurian, took a preliminary objection that a
writ petition on this nature cannot be maintained by a
person to seek a Sketch under the "Torrance Scheme"
unless he or she is its owner. She submitted that
petitioners, themselves admit that their "janmam right"
over the property in their favour has not been yet declared
by the competent Tribunal, no such application could be
entertained by any of the respondents. After saying so, on
the merits of the matter, the learned Senior Government
Pleader submitted that the question whether petitioners are
entitled to Sketch under the "Torrance Scheme" will have to
be evaluated and decided by the competent respondent and
cannot be granted as a matter of right, particularly because
there are issues relating to its title is still pending. She,
therefore, prayed that this writ petition be dismissed.
4. Even when I hear the learned Senior Government
Pleader on the afore lines the fact remains that, through
Ext.P13, the Registry of the property has been transferred
in favour of the petitioners' father. True, this is only a fiscal
step and not an attribute of ownership per se. However, if
the suo motu proceedings afore mentioned is to end in
favour of the petitioners, certainly they will be entitled to
the 'purchase certificate' and to enjoy the property without
interdiction thereafter.
5. However, since the suo motu proceedings have not
been completed in spite of more than three years having
been lapsed, the petitioners cannot be put to unnecessary
prejudice and I am, certainly of the view that, taking note of
Ext.P13 proceedings, whereby the transfer of Registry of
the property has already been effected in favour of their
deceased father, it will be justified for this Court to grant
them relief, subject to the final proceedings before the
Tribunal under the Kerala Land Reforms Act.
Resultantly, I order this writ petition, adverting
specifically to Ext.P13 and direct the 3 rd respondent - Head
Surveyor and Approving Authority to issue to the petitioners
a Sketch under the "Torrance Scheme" with respect to the
property in question; however, indicating therein that it is
being issued subject to the final decision in S.M.P.No.11 of
2019. This shall be done by the 3rd respondent, after
compliance of all other statutory requirements, as
expeditiously as is possible, but not later than one month
from the date of receipt of a copy of this judgment.
On the afore sketch being issued to the petitioners,
they will be at liberty to produce it before the competent
Registering Authority who will then act upon its terms;
however recording that it is being done subject to further
proceedings in S.M.P.No.11 of 2019.
Needless to say, the afore two actions will depend
upon the final decision of the Land Tribunal in S.M.P.No.11
of 2019 and should it end to the detriment of the
petitioners, they will abide by all necessary consequences
thereof, including for cancellation of the registration and
the transfer of Registry, subject to their available remedies
in law.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/27.5
APPENDIX OF WP(C) 12058/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTO COPY OF THE ASSIGNMENT DEED
NO. 1817/1972 OF S.R.O. ANGAMALY DATED
22.05.1972.
Exhibit P2 A TRUE PHOTO COPY OF THE BASIC TAX
RECEIPT DATED 04.10.2021 ISSUED FROM THE
VILLAGE OFFICE ANGAMALY.
Exhibit P3 A TRUE PHOTO COPY OF THE DEATH
CERTIFICATE OF LATE ITTIYAVIRA.
Exhibit P4 A TRUE PHOTO COPY OF THE DEATH
CERTIFICATE OF LATE ANNAM.
Exhibit P5 A TRUE PHOTO COPY OF THE RELATION SHIP
CERTIFICATE ISSUED FROM THE VILLAGE
OFFICER ANGAMALY DATED 09.11.2016.
Exhibit P6 A TRUE PHOTO COPY OF THE APPLICATION FOR
THE SURVEY MAP SUBMITTED BY THE
PETITIONERS BEFORE THE 3RD RESPONDENT.
Exhibit P7 A TRUE PHOTO COPY OF THE AREA CALCULATION
SKETCH PREPARED BY THE SURVEYOR.
Exhibit P8 A TRUE PHOTO COPY OF THE NOTICE ISSUED IN
FORM NO. 28 OF THE SURVEY MANUAL DATED
26.12.2016.
Exhibit P9 A TRUE PHOTO COPY OF THE DRAFT SURVEY MAP
PREPARED BY THE SURVEYOR.
Exhibit P10 A TRUE PHOTO COPY OF THE FIELD
MEASUREMENT PLAN RELATING TO FIELD NO.
281 OF ANGAMALY VILLAGE.
Exhibit P11 A TRUE PHOTO COPY OF THE NOTICE ISSUED
UNDER FORM E BY THE IST RESPONDENT IN SMP
NO. 11/2019.
Exhibit P12 A TRUE PHOTO COPY OF THE SURVEY SUB
DIVISION STATEMENT SUBMITTED BY THE
SURVEYOR IN FORM NO. 7.
Exhibit P13 A TRUE PHOTO COPY OF THE ORDER OF THE IST
RESPONDENT DATED 01.02.2020 IN SMP NO.
11/2019.
Exhibit P14 A TRUE PHOTO COPY OF THE ENDORSEMENT MADE
BY THE 3RD RESPONDENT IN THE INDEX PAGE
OF THE APPLICATION SUBMITTED BY THE
PETITIONERS.
Exhibit P15 A TRUE PHOTO COPY OF THE JUDGMENT DATED
13.01.2022 IN WRIT PETITION (C) NO. 22281
OF 2021 OF THE HONOURABLE HIGH COURT OF
KERALA.
Exhibit P16 A TRUE PHOTO COPY OF THE ORDER NO.
AI.955/2021 DATED 05.02.2022 PASSED BY
THE 3RD RESPONDENT REJECTING APPLICATION
FOR ISSUANCE OF TORRANCE SKETCH.
Exhibit P17 A TRUE PHOTO COPY OF THE THANDAPER
ACCOUNT REGARDING THE PROPERTY OF THE
PETITIONERS ISSUED BY THE VILLAGE
OFFICER, UNDER THE RIGHT INFORMATION ACT
ON 24.11.2021.
Exhibit P18 A TRUE PHOTO COPY OF THE LAND TAX RECEIPT
RELATING THE PROPERTY OF THE PETITIONERS
ISSUED FROM THE VILLAGE OFFICE, ANGAMALY
ON 24.11.2021.
