Kerala High Court

Asoka Kumar vs State Of Kerala on 27 June, 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                       WP(C) NO. 32606 OF 2014
PETITIONER:

          RAMANI MOHAN
          AGED 48 YEARS
          W/O.MOHANAN, KAVUNGUMPULLY HOUSE,
          POOKKODE, VARAKKARA, THRISSUR DISTRICT.
          BY ADVS.
          SRI.G.SREEKUMAR (CHELUR)
          SRI.N.L.BITTO


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTRED BY SECRETARY TO THE GOVERNMENT,
          REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR
          COLLECTORATE, AYYANTHOLE, THRISSUR-680001.
    3     SPECIAL TAHASILDARLR (LR) IV ADDL. LAND TRIBUNAL,
          THRISSUR, THRISSUR DIST-680001.

          SRI.ASWIN SETHUMADHAVAN [SR.GP]


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2023, ALONG WITH WP(C).3271/2022, 15683/2015 AND CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                                  2



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                     WP(C) NO. 15683 OF 2015
PETITIONER:

           SHINY LALU
           AGED 40 YEARS
           W/O.LALU, KOLADY HOUSE, EDAKKURISSI, KARIMBA P.O.,
           MANNARKKAD TALUK, PALAKKAD DISTRICT, PIN-678997.
           BY ADV SRI.V.A.AJAI KUMAR


RESPONDENTS:

     1     DISTRICT COLLECTOR
           OFFICE OF THE DEPUTY COLLECTOR, PALAKKAD,
           PIN-678001.
     2     THE DEPUTY COLLECTOR, LAND REFORMS
           OFFICE OF THE DEPUTY COLLECTOR (LR),
           PALAKKAD, PIN 678001.
     3     THE SPECIAL TAHSILDAR (LAND REFORMS)
           OTTAPALAM, (THE LAND TRIBUNAL, OTTAPALAM),
           PALAKKAD DISTRICT, PIN-679101.
           SRI.ASWIN SETHUMADHAVAN [SR.GP]
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   ALONG   WITH   WP(C).32606/2014   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                                  3

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                     WP(C) NO. 27155 OF 2020
PETITIONER:

           M.C.ALAVIKUTTY
           AGED 68 YEARS
           S/O.MAMMU HAJI, MALAMBRATH CHALIL (H),
           KOTTAKKAL P. O., MALAPPURAM DISTRICT - 676 501.
           BY ADVS.
           JAMSHEED HAFIZ
           SMT.K.K.NESNA


RESPONDENT:

           THE SPECIAL TAHASILDAR (LAND REFORMS)
           MANJERI, OFFICE OF THE SPECIAL TAHSILDR,
           MANJERI, MALAPPURAM DISTRICT - 676 121.
           SRI.ASWIN SETHUMADHAVAN [SR.GP]


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   ALONG   WITH   WP(C).32606/2014   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                                  4



           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                     WP(C) NO. 28031 OF 2020
PETITIONER:

           MUHAMMED ALI
           AGED 38 YEARS
           S/O.HAMZA HAJI, AKKAPARAMBIL HOUSE,
           POOKIPARAMBA, THENNALA,
           MALAPPURAM DISTRICT-676 508.
           BY ADV P.K.MOHAMED JAMEEL


RESPONDENTS:

     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
           REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
     2     THE SPECIAL TAHASILDAR (LAND RFORMS),
           CUM LAND TRIBUNAL, TIRUR,
           MALAPPURAM DISTRICT-676 101.
           SRI.ASWIN SETHUMADHAVAN [SR.GP]


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   ALONG   WITH   WP(C).32606/2014   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                              5

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
   TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                   WP(C) NO. 24584 OF 2021
PETITIONERS:

    1    ASOKA KUMAR
         AGED 62 YEARS
         S/O. P.K.KUNJIKANNAN NAMBIAR,
         SARADHI, MINOR ROAD, NADATHARA P.O.,
         NADATHARA VILLAGE, THRISSUR TALUK,
         THRISSUR DISTRICT-680751.
    2    LATHA KOOLATH ASOKA KUMAR,
         AGED 55 YEARS
         W/O.ASOKA KUMAR, SARADHI, MINOR ROAD,
         NADATHARA P.O., NADATHARA VILLAGE,
         THRISSUR DISTRICT-680751.
         BY ADVS.
         P.M.RAFIQ
         M.REVIKRISHNAN
         MITHA SUDHINDRAN
         AJEESH K.SASI
         POOJA PANKAJ
         SRUTHY N. BHAT
         RAHUL SUNIL


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     THE DISTRICT COLLECTOR,
          CIVIL STATION, CIVIL LINES ROAD, KALYAN NAGAR,
          AYYANTHOLE P.O., THRISSUR-680003.
    3     THE SPECIAL TAHSILDAR (LAND ASSIGNMENT),
          OFFICE OF THE SPECIAL TAHSILDAR (LAND ASSIGNMENT),
          THRISSUR DISTRICT-680003.
    4     THE TAHSILDAR,
          TALUK OFFICE, THRISSUR, TOWN HALL,
          CHEMBUKKAVU P.O., THRISSUR-680020.
 WP(C)NOS.32606/2014 & Con. Cases
                                  6

     5     THE VILLAGE OFFICER,
           PEECHI VILLAGE, PANANCHERRY P.O.,
           THRISSUR-680652.

           SRI.ASWIN SETHUMADHAVAN [SR.GP]
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   ALONG   WITH   WP(C).32606/2014   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                                  7

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                     WP(C) NO. 3271 OF 2022
PETITIONER:

           NAFEESA .K.P
           AGED 60 YEARS
           W/O.ABDULLAKUTTY RESIDING AT
           PULICHIVEETTIL HOUSE KAKKAYA PARAMBIL,
           VALLIKKUNNU, THIRURANGADI
           MALAPPURAM DISTRICT
           KERALA - 673314
           BY ADVS.
           PRATHAP. S.R.K.
           JISSMON A KURIAKOSE
           ANN OLIVIA VALLAVANADAN
           MAHENDRAKUMAR K.


RESPONDENTS:

     1     THE DISTRICT COLLECTOR
           OFFICE OF THE DISTRICT COLLECTOR
           COLLECTRATE, MALAPPURAM DISTRICT
           PIN - 676504
     2     THE REVENUE DIVISIONAL OFFICER
           THRIKANDIYOOR ROAD, TIRUR,
           MALAPPURAM DISTRICT
           KERALA- 676101
     3     THE SPECIAL TAHSILDAR (LR SECTION)
           TIRUR, MALAPURAM DISTRICT 676 101.

           SRI.ASWIN SETHUMADHAVAN [SR.GP]
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.06.2023,   ALONG   WITH   WP(C).32606/2014   AND   CONNECTED
CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C)NOS.32606/2014 & Con. Cases
                                  8

                  JUDGMENT

[WP(C) Nos.32606/2014, 3271/2022, 15683/2015, 24584/2021, 27155/2020, 28031/2020]

The petitioners in these cases - which are being heard together

adverting to the analogous factual circumstances pleaded and

similarity of the reliefs sought - are persons who claim to have been

Assignment Orders of certain extents of land in their favour, followed

by 'Pattayams' issued with respect to the same. They say that

unfortunately due to inadvertent omission on their part, or on account

of other compelling and unavoidable reasons, said 'Pattayams' have

been irrecoverably lost, and that they have not maintained copies of

the same, though some of them are able to point out the numbers and

dates of the same.

2. The petitioners say that, when they applied for the duplicate

copies of their 'Pattayams' before the competent Authorities, they

feigned incapacity to issue the same, citing the reason that the files

are missing. They assert that this stand of the official respondents is

untenable because, every 'Pattayam' is supported by an Order of

Assignment, which is part of a file created and maintained statutorily

for that purpose with the concerned office. They thus pray that

competent respondents in these cases be directed to issue them the WP(C)NOS.32606/2014 & Con. Cases

duplicate copies of their 'Pattayams', without any further delay.

3. This Court is aware that these matters were considered on

earlier occasions also. The learned Senior Government Pleader -

Sri.Aswin Sethumadhavan had then informed this Court that a

suitable protocol would be created, to deal with cases where the

original 'Pattayams', or the copies of the same, are missing with the

applicants; and in which the files are also not traceable.

4. Today, the learned Senior Government Pleader submits that

Government has now issued an order, bearing No. L.B.A3/1022/2022

dated 19.06.2023, incorporating the 'Protocol' in such cases. He

submitted that, therefore, this Court may allow the competent

Authority to consider each of the petitioner's cases on the edifice of

this Government Order, as also all other relevant and germane inputs,

and verify whether their request for issuance of 'Pattayams' is

genuine; and if so, it can be issued to them in duplicate or in such

manner, as sanctioned in law.

5. When I hear Sri.Aswin Sethumadhavan on the afore lines,

there can be little doubt that, if a person has already been favoured

with an order of assignment of land and 'Pattayam' - issued or

otherwise - his/her rights cannot be defeated merely because the files

are stated to be not traceable or missing. The competent Authorities WP(C)NOS.32606/2014 & Con. Cases

are legally expected to maintain the files, particularly because it

relates to rights over the properties and lands, which is an imperative

requirement statutorily enjoined.

6. Indubitably, therefore, the afore suggestion of Sri.Aswin

Sethumadhavan requires to be acceded to, so that petitioners need

not wait ad infinitum for their reliefs to be considered and favoured.

Resultantly, I order these writ petitions and direct the

competent among respondents in these cases to immediately hear the

petitioners and assess all their documents - as may be available with

them and then decide and accede to their request for either duplicate

copies of the 'Purchase Certificate' or for the 'Purchase Certificate'

itself, depending upon the orders of assignment and other relevant

documents, in terms of the Protocol settled by the Government in its

afore mentioned order dated 19.06.2023.

The afore exercise shall be completed by the competent

Authority as expeditiously as is possible, but not later than six months

from the date of receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/27.6 WP(C)NOS.32606/2014 & Con. Cases

APPENDIX OF WP(C) 32606/2014

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RELEASE DEED NO. 4463/07 DATED 20-7-2007 OF NELLAYI SRO.

EXHIBIT P2 TRUE COPY OF THE TAX RECEIPT NO. 5909607 DATED 20-8-2014 ISSUED BY THE VILLAGE OFFICER, AMBALLORE.

EXHIBIT P3 A TRUE COPY OF THE REPLY FROM DISTRICT COLLECTOR THRISSUR DATED 6-11-14.

RESPONDENT EXHIBITS EXHIBIT R2(A) A TRUE COPY OF THE REPORT DATED 29.1.15 EXHIBIT R2(B) A TRUE COPY OF THE REPORT DATED 1.3.13 EXHIBIT R2(C) A TRUE COPY OF THE REPORT DATED 20.6.14 EXHIBIT R2(D) A TRUE COPY OF THE REPORT DATED 1.8.14 EXHIBIT R2(E) A TRUE COPY OF THE REPORT DATED 22.9.14 EXHIBIT R2(F) A TRUE COPY OF THE REPORT DATED 9.10.14 EXHIBIT R2(G) A TRUE COPY OF THE REPORT DATED 15.10.14 EXHIBIT R2(H) A TRUE COPY OF THE REPORT DATED 1.11.14 EXHIBIT R2(I) A TRUE COPY OF THE REPORT DATED 12.12.14 EXHIBIT R2(J) A TRUE COPY OF THE REPORT DATED 8.1.15 WP(C)NOS.32606/2014 & Con. Cases

APPENDIX OF WP(C) 15683/2015

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LAND TAX RECEIPT NO.7344703 DT.5-1-15 EVIDENCING PAYMENT OF LAND TAX FOR THE AFORESAID PROPERTY.

EXHIBIT P2 TRUE COPY OF THE APPLICATION DT.19-1-2015 SUBMITTED BY THE PETITIONER TO R3.

EXHIBIT P3 TRUE COPY OF THE REPLY DT.2-3-2015 ISSUED BY R3 TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE COMPLAINT DT.4-3-2015 SUBMITTED BY THE PETITIONER TO R2.

APPENDIX OF WP(C) 27155/2020

PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE REPLY GIVEN BY THE RESPONDENT DATED 17.09.2020.

EXHIBIT P2 A TRUE COPY OF THE REPLY GIVEN BY THE RESPONDENT DATED 24.11.2020.

APPENDIX OF WP(C) 28031/2020

PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ORDER IN OA 8662/1976 DATED 10.01.1978 OF LAND TRIBUNAL, VENGARA.

EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.2747/1988 OF SRO, TIRURANGADI.

EXHIBIT P3 THE TRUE COPY OF THE SALE DEED NO.3718/1993 OF SRO, TIRURANGADI.

EXHIBIT P4 THE TRUE COPY OF THE TAX RECEIPT ISSUED BY VILLAGE OFFICER, THENNALA.

EXHIBIT P5 THE TRUE COPY OF THE COMMUNICATION DATED 06.02.2020 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE APPLICATION OF PETITIONER DATED 19.10.2020.

APPENDIX OF WP(C) 24584/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEED NO.4954/I/2006 OF SRO, OLLUKKARRA DATED 29.11.2006.

Exhibit P2 TRUE COPY OF THE BASIC TAX RECEIPT DATED 11.6.2020 FOR THE PERIOD 2020-21 IN RESPECT OF THE PROPERTY COMPRISED IN SY. NO.1345/9/1 OF PEECHI VILLAGE BELONGS TO THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE SETTLEMENT DEED NO.940/I/2020 OF SRO, OLLUKKARRA DATED 16.7.2020.

Exhibit P4 TRUE COPY OF THE LETTER NO.DCTSR/5975/2021-B2 DATED 28.9.2021 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT.

Exhibit P5 TRUE COPY OF THE LETTER NO.A9/15865/2021 DATED 19.7.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P6 TRUE COPY OF THE LETTER NO.A9/19873/2021 DATED 23.10.2021 ISSUED BY THE 4TH RESPONDENT.

Exhibit P7 TRUE COPY OF THE LETTER NO.453/21 DATED 4.10.2021 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT.

Exhibit P8 TRUE COPY OF THE RELEVANT PAGE OF THE VILLAGE HOLDING REGISTER OF PEECHI VILLAGE OFFICE, OBTAINED UNDER THE RTI ACT.

APPENDIX OF WP(C) 3271/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEED NO: 1832/1987 IN REGISTERED IN SRO, FEROOKE IN FAVOUR OF THE PETITIONER Exhibit P2 TRUE COPY OF THE TAX RECEIPT BEARING NO:

KL10061603300/2021 DATED 18/06/2021 ISSUED BY THE VILLAGE OFFICER, VALLIKKUNNU VILLAGE, TIRURANGADI TALUK,MALAPPURAM DISTRICT Exhibit P3 TRUE COPY OF THE DEED NO: 2864 /1979 REGISTERED IN SUB REGISTRAR OFFICE, PARAPPANAGADI Exhibit P4 TRUE COPY OF THE PETITION DATED 11/01/2017 PREFERRED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER NO: VIDE J-

101/17 DATED 30/01/2017 ISSUED BY THE PUBLIC INFORMATION OFFICER AND HEAD MINISTERIAL OFFICER, SPECIAL TAHASILDAR (LR), TIRUR Exhibit P6 TRUE COPY OF THE PETITION DATED 30/08/2021 PREFERRED BEFORE THE 4TH RESPONDENT ALONG WITH THE POSTAL CARD