Kesavan vs The District Collector
2022 Latest Caselaw 5964 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR. JUSTICE T.R.RAVI
        TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                       WP(C) NO. 10068 OF 2022


PETITIONER:

            KESAVAN
            AGED 73 YEARS, S/O GOVINDAN,
            R/AT KALLUKUNNEL HOUSE, ANAKKULAM P.O.,
            MANKULAM VILLAGE, DEVIKULAM TALUK,
            IDUKKI DISTRICT, PIN - 685 561

            BY ADVS.
            S.JIJI
            PRATHEESH PRABHA



RESPONDENTS:

    1       THE DISTRICT COLLECTOR
            CIVIL STATION, KUYILIMALA P.O.,
            PAINAVE, IDUKKI, PIN - 685603

    2       THE SUB REGISTRAR
            OFFICE OF THE SUB REGISTRAR,
            DEVIKULAM, IDUKKI DISTRICT
            PIN - 685613

    3       THE THAHASILDAR
            TALUK OFFICE COMPLEX,
            DEVIKULAM, IDUKKI DISTRICT
            PIN - 685613

            BY SRI.BIMAL K.NATH, GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 10068 OF 2022
                                  2




                            T.R. RAVI, J.
             --------------------------------------------
                    W. P. (C). No. 10068 of 2022
              --------------------------------------------
                Dated this the 31st day of May, 2022

                            JUDGMENT

The petitioner was assigned 1 Hector of land as per Ext.P1

dated 01.04.1980. It is submitted that even though an order of

assignment in Form 5 as required under the Kannan Devan Hills

(Reservation and Assignment of Vested Lands) Rules, 1977 was

issued as early as in 1980, a patta in Form 6 was issued only much

later on 07.12.2019. The petitioner seeks to alienate the property.

Petitioner's grievance is that the 2 nd respondent has refused to

accept and register the document of transfer for the reason that

the period of 12 years during which alienation is prohibited has not

expired on the basis of Ext.P3 patta.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. Rule 8 of the Kannan Devan Hills (Reservation and

Assignment of Vested Lands) Rules specifically says that the lands

assigned shall not be alienable for a period of 12 years from the WP(C) NO. 10068 OF 2022

"date of assignment". Rule 12 prescribes the procedure for

assignment and Rule 13 says that the order of assignment shall be

issued by the assigning authority in Form No.5. Ext.P1 is the order

of assignment issued in Form No.5. As such, there can be no

dispute regarding the date of assignment. In such situation, the

embargo regarding alienation can only be calculated from the date

of assignment, which is the date of Ext.P1. The date on which

Ext.P2 patta has been issued has no relevance in this situation,

since the patta itself is issued consequent to Ext.P1 assignment,

under Rule 16.

The writ petition is allowed. There will be a direction to the

2nd respondent to receive and register any document legally created

with respect to the property covered by Ext.P1 voluntarily

presented by the petitioner, if the same is in accordance with all

other legal formalities.

Sd/-

T.R. RAVI JUDGE

Pn WP(C) NO. 10068 OF 2022

APPENDIX OF WP(C) 10068/2022

PETITIONERS' EXHIBITS

Exhibit P-1 TRUE COPY OF THE ASSIGNMENT ORDER DATED 01-04-1980 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER

Exhibit P-2 TRUE COPY OF THE PATTA DATED 07-12-2019 ISSUED IN THE NAME OF THE PETITIONER BY THE 3RD RESPONDENT

Exhibit P-3 TRUE COPY OF THE LETTER DATED 10-02-2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT

Exhibit P-4 TRUE COPY OF THE DRAFT DEED DATED 22-03-2022 PREPARED ON BEHALF OF THE PETITIONER.

RESPONDENTS' EXHIBITS

EXHIBIT R2(a) TRUE COPY OF THE CLARIFICATION RECEIVED FROM SUB COLLECTOR, DEVIKULAM