Karunakaran vs The Commissioner Of Land Revenue
2023 Latest Caselaw 301 Ker

W.P.(C) No.32707/2022                   1




                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                        THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
                             WP(C) NO. 32707 OF 2022
PETITIONERS:

      1       KARUNAKARAN.
              AGED 77 YEARS.
              RESIDING AT OODATHIL KIZHAKKATHIL, PERINGALA MURI,
              KAYAMKULAM VILLAGE, PIN-689505.
      2       SUMATHI,
              AGED 75 YEARS
              W/O.KARUNAKARAN, RESIDING AT OODATHIL KIZHAKKATHIL,
              PERINGALA MURI,
              KAYAMKULAM VILLAGE, PIN-689505.
              BY ADV R.RAJASEKHARAN PILLAI


RESPONDENTS:

      1       THE COMMISSIONER OF LAND REVENUE,
              REVENUE COMPLEX, PUBLIC OFFICE BUILDING, MUSEUM ROAD,
              OPPOSITE ZOO, VIKHAS BHAVAN.P.O, THIRUVANANTHAPURAM-
              695033.
      2       THE DISTRICT COLLECTOR,
              ALAPPUZHA, FIRST FLOOR, COLLECTORATE, ALAPPUZHA-688001.
      3       THE TAHSILDAR,
              KARTHIKAPPALLY, TALUK OFFICE, HARIPAD-690514.
      4       SARASWATHY AMMA,
              KRISHNA VIHAR (OODATHIL), PERINGALA MURI, KAYAMKULAM
              VILLAGE,
              PIN-689505.
      5       LETHA.S,
              D/O.SARASWATHY AMMA, KRISHNA VIHAR (OODATHIL),
              PERINGALA MURI, KAYAMKULAM VILLAGE, PIN-689505.
 W.P.(C) No.32707/2022                      2

      6       USHA.S,
              D/O.SARASWATHY AMMAKRISHNA VIHAR (OODATHIL), PERINGALA
              MURI,
              KAYAMKULAM VILLAGE, PIN-689505.
              BY ADV R.RAMADAS


OTHER PRESENT:

              GP AMMINIKUTTY K



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   11.01.2023,        THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.(C) No.32707/2022                  3


                                 V.G.ARUN J.
                      -------------------------------------
                       W.P.(C) No.32707 of 2022
                       ---------------------------------
                 Dated this the 11th day of January 2023



                                 JUDGMENT

The petitioners claim to be in possession of 4.05 Ares of

Puramboke land comprised in Block No.93 in Survey No.93/40 Old

Sy.No.191/3 of Kayamkulam Village. According to the petitioners, they

have been residing in a thatched shed in the aforementioned property

for the past more than four decades. There was a long standing dispute

between the petitioners and the predecessor-in-interest of respondents 4

to 6 regarding possession of the property mentioned above. This had

resulted in the predecessor in interest of respondents 4 to 6 filing

O.S.No.184/1990 before the Munsiff Court, Kayamkulam. That suit was

decreed, declaring the plaintiffs' right and title over the property in

question. The appeal filed by the petitioners along with another was

dismissed affirming the decree. Aggrieved, the petitioners preferred

second appeal, which also ended in Ext.P1 judgment of dismissal. While

dismissing the second appeal, this court observed that in case the

defendants/petitioners apply for assignment of the puramboke land, that

should be considered in accordance with law and the judgment will not

stand in the way of such consideration.

2. On the strength of the observation in Ext.P1, the petitioners as

well as respondents 4 to 6 submitted applications for assignment before

the District Collector, Alappuzha. By Ext.P3 order, the District Collector

dismissed the 4th respondent's application and directed to process the

first petitioner's application for assignment. Aggrieved by Ext.P3,

respondents 4 to 6 have filed a writ petition before this Court, which was

disposed of by Ext.P4 judgment relegating the petitioners to the

appellate remedy and directing the authority to consider the appeal

along with the applications for condonation of delay and for stay.

Accordingly, respondents 4 to 6 filed Ext.P5 appeal along with petition

seeking condonation of delay and stay of further proceedings. Pending

the appeal, respondents 4 to 6 proceeded with execution of the decree in

O.S.No.184/90. Hence, the petitioners approached this court in O.P

No. 2416/2021 seeking quashment of the execution proceedings. That

Original Petition was dismissed by Ext.P6 judgment with the following

observations.

" If the petitioners ultimately succeed in their endeavour

to get the property assigned in their favour, certainly such

assignment by the Government, would override the decree,

as reserved in Ext.P1, and the petitioners can be put in

possession of the property through an order of restitution.

Therefore, I am of the definite view that the relief sought in

the original petition is unsustainable in law. As rightly

pointed out by the learned Amicus Curiae, the original petition

is an over ambitious and overzealous attempt. I do not find

any ground to exercise the supervisory jurisdiction of this

Court under Article 227 of the Constitution of India and

interdict the execution proceeding. The original petition is

groundless and is hence dismissed. This Court places on

record its appreciation for the valuable assistance rendered by

the learned Amicus Curiae."

The instant writ petition is filed on the strength of the petitioners

inclusion as beneficiaries under the Life Mission Scheme.

3. Heard the learned counsel for the petitioners, learned

Government Pleader and the learned Counsel appearing for respondents

4 to 6.

In the result, the writ petition is disposed of directing that Ext.P5

appeal along with accompanying applications to be taken up for

consideration and decided after affording an opportunity of hearing to

the petitioners and respondents 4 to 6. by the first respondent within

tow months. The above direction is subject to the appeal will be pending

on the files of the first respondent. The fact that this court has directed

time bound decision to be taken by the appellate authority can be

brought to the notice of the execution court.

Sd/-

V.G.ARUN

JUDGE dpk

APPENDIX OF WP(C) 32707/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 8.3.2011 IN SA NO.890/1997 OF THIS HON'BLE COURT.

Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 19.7.2019 IN W.P.(C)NO.19724/2019 OF THIS HON'BLE COURT Exhibit P3 TRUE COPY OF THE ORDER DATED 25.2.2020 OF THE DISTRICT COLLECTOR ALAPPUZHA Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 9.8.2021 IN W.P.(C)NO.8181/2020 OF THIS HON'BLE COURT Exhibit P5 TRUE COPY OF THE APPEAL MEMORANDUM DATED 16.8.2021SUBMITTED BY THE RESPONDENTS 4 TO 6 BEFORE THE LAND REVENUE COMMISSIONER Exhibit P5A TRUE COPY OF THE AFFIDAVIT AND STAY PETITION SUBMITTED BY THE PETITIONERS ALONG WITH EXT.P5 Exhibit P5b TRUE COPY OF THE AFFIDAVIT TO CONDONE THE DELAY FILED ALONG WITH EXT.P5 Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 14.6.2022 IN OP(C)NO.2416/2021 OF THIS HON'BLE COURT Exhibit P7 TRUE COPY OF THE RELEVANT EXTRACT FROM THE LIST OF BENEFICIARIES OF LIFE MISSION PREPARED BY THE KAYAMKULAM MUNICIPALITY RESPONDENT EXHIBITS Exhibit R5(a) TRUE COPY OF THE JUDGMENT DATED 30/09/1992 IN O.S.NO.184/1980, MUNSIFF COURT, KAYAMKULAM. Exhibit R5(b) TRUE COPY OF EXT.C2(A) PLAN APPENDED TO THE DECREE IN O.S.NO.184/1980, MUNSIFF COURT, KAYAMKULAM.

Exhibit R5(c) TRUE COPY OF THE JUDGMENT DATED 31/07/1997 IN A.S.NO.11/1993, ADDITIONAL DISTRICT COURT,

MAVELIKKARA.

Exhibit R5(d) TRUE COPY OF THE ORDER DATED 12/02/2014 PASSED BY THE EXECUTING COURT IN E.P.NO.41/2011 IN O.S.NO.184/1980 BY THE MUNSIFFS COURT, KAYAMKULAM.

Exhibit R5(e) TRUE COPY OF THE ORDER DATED 26/08/2017 PASSED BY THE RD.O., CHENGANNUR.