Shahanas P K vs The District Collector
2023 Latest Caselaw 4255 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 1087 OF 2023
PETITIONER/S:

          SHAHANAS P K
          AGED 47 YEARS
          PONTHANAL (H), ERATTUPETTA PO, KOTTAYAM, PIN - 686121
          BY ADVS.
          ELIZEBATH GEORGE
          EMMANUEL CYRIAC


RESPONDENT/S:

    1     THE DISTRICT COLLECTOR
          CIVIL STATION, PAINAVU, IDUKKI, PIN - 685603
    2     THE TAHSILDAR
          TALUK OFFICE, THODUPUZHA, PIN - 685584
    3     THE VILLAGE OFFICER
          VILLAGE OFFICE,(ARAKULAM)*, IDUKKI, PIN -
          (685591)*(CORRECTED)

          *THE 3RD RESPONDENT VILLAGE OFFICE IS CORRECTED AS
          MUTTOM AND THE PINCODE CORRECTED AS 685 587 AS PER
          ORDER DATED 03.03.2023 IN I.A. NO.2/2023 IN WP(C)

          BY ADVS.
          ADVOCATE GENERAL OFFICE KERALA
          SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
          SMT. C.S. SHEEJA , SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1087 OF 2023                2



                               JUDGMENT

Petitioner has approached this Court, being aggrieved by the

fact that the property obtained by the petitioner, having an extent

of 6 Ares and 7 Sq. metres, comprised in Re.Sy. No.18/2-17 in

Block No.17 of Muttom village, Thodupuzha Taluk, Idukki district,

has not been mutated in favour of the petitioner.

2. Learned Senior Government Pleader refers to the

counter affidavit filed in this case and submits that mutation was

not effected on account of the finding that the property, now in

the possession of the petitioner, was part of exempted land in the

hands of a Company known as M/s. Malankara Rubber and

Produce Company Limited. It is the submission of the learned

Senior Government Pleader that fragmentation and use of land,

exempted from land ceiling provisions under the Kerala Land

Reforms Act, for other purposes is prohibited. It is also pointed

out that the tenure of land is shown as 'Sarkar Tharisu' in the

settlement register. It is also pointed out that, in all the

documents (Exts.P1 to P4), the land is described as 'Sarkar

Pattom' and in Ext.P8 it is shown as 'Pandaravaka pattom'. It is

however, submitted that in similar cases, this Court has issued

directions directing that mutation be effected and land tax be

accepted subject to the condition that this shall not in any manner

have any effect or bearing on the proceedings, if any, that are

initiated or proposed to be initiated in respect of the

fragmentation and use for other purposes of lands, which were

originally exempted from the land ceiling provisions under the

provisions of the Kerala Land Reforms Act. It is submitted that

the same may also be subject to any action that may be taken to

recover any Government lands.

3. Having heard the learned counsel appearing for the

petitioner and the learned Senior Government Pleader appearing

for the official respondents, this writ petition will stand disposed

of, directing the Tahsildar (LR), Taluk Office, Thodupuzha to take

steps to effect mutation of the property obtained by the petitioner

vide Ext.P1 sale deed and to accept the basic land tax from the

petitioner. This shall, however, be subject to the condition that

the proceedings, if any, initiated or proposed to be initiated

against the land in question on account of the fact that it is part of

land originally exempted from land ceiling provisions under the

provisions of the Kerala Land Reforms Act or on the ground that

the land is Government land (subject to lease) will not be affected

in any manner by the fact that mutation has been effected and

land tax has been accepted from the petitioner by virtue of the

directions contained in this judgment.

The writ petition is disposed of as above.

Sd/-

GOPINATH P.

JUDGE ajt

APPENDIX OF WP(C) 1087/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE REGISTERED SALE DEED NO.

218/2022 DATED 10-03-2022 WITH S.R.O ARAKULAM Exhibit P2 TRUE COPY OF THE REGISTERED SALE DEED NO. 20 OF 2019 DATED 07-01-2019 WITH S.R.O ARAKULAM Exhibit P3 TRUE COPY OF THE REGISTERED SALE DEED NO. 21 OF 2019 DATED 07-01-2019 WITH S.R.O ARAKULAM Exhibit P4 TRUE COPY OF THE REGISTERED SALE DEED NO.1073 OF 2019 EXECUTED ON 11-11-2019 WITH THE S.R.O. ARAKULAM Exhibit P5 TRUE COPY OF THE LAND TAX PAID IN TERMS OF EXT P4 DATED 04-05-2022 BEFORE THE VILLAGE OFFICER MUTTOM Exhibit P6 TRUE COPY OF THE BUILDING PERMIT ISSUED IN FAVOUR OF THE PREDECESSORS DATED 09-09-2021 Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.

16509/2022 DATED 07-06-2022 Exhibit P8 TRUE COPY OF THE REGISTERED SALE DEED NO.1572 OF 1997 EXECUTED ON 31-07-1997 WITH THE S.R.O. ARAKULAM,