Kerala High Court
Ayishathul Thuhra vs State Of Kerala on 22 November, 2023
Author: Murali Purushothaman
Bench: Murali Purushothaman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 22ND DAY OF NOVEMBER 2023 / 1ST AGRAHAYANA, 1945
WP(C) NO. 38028 OF 2023
PETITIONER:
AYISHATHUL THUHRA
AGED 31 YEARS
W/O. SAJID,KANICHAMMAL DESOM,
CHERUKKALA,KURUMATHUR ,TALIPARAMBA,
KANNUR DISTRICT,, PIN - 670142
BY ADVS.
M.ANUROOP
MURSHID ALI M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
THIRUVANANTHAPURAM - 695001
2 DISTRICT COLLECTOR
COLLECTORATE, KANNUR DISTRICT - 670002
3 CHAIRMAN
TALUK LAND BOARD( MINI CIVIL STATION),
COURT ROAD, THALIPARAMBA,
KANNUR DISTRICT - 670141
4 TAHASILDAR
THALIPARAMBA,KANNUR DISTRICT - 670141
5 THE SUB REGISTRAR
SUB REGISTRAR OFFICE,
THALIPARAMBA,KANNUR DISTRICT - 670141
6 VILLAGE OFFICER
VILLAGE OFFICE KURUMATHUR,
THALIPARAMBA, KANNUR DISTRICT - 670141
R BY SR.GP ADV.BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38028 OF 2023 : 2 :
JUDGMENT
The petitioner states that she is in absolute
possession and ownership of 4.49 Ares of property
comprised in Resurvey No.87/150 (Old Survey
No.31/1) of Kurumathur amsom Desom in
Thaliparamba Taluk. The petitioner obtained title
over the said property by virtue of Ext.P1 sale deed
and she has been paying land tax, as evidenced by
Ext.P2 tax receipt. The petitioner is now informed by
the Tahsildar that on the basis of Ext.P3 order passed
by the Taluk Land Board in TLB-2/1992/TBA and
Ext.P4 order of the District Collector in respect of
properties owned by one Cheriyan Joseph of
Kattakkayam, registration of the properties
comprised in survey No. 31/1 of Kurumathur Village
is prohibited. Accordingly, the petitioner has
approached this Court for a direction to the
respondents to permit registration and mutation of
the property covered by Ext.P1 sale deed
notwithstanding Exts.P3 and P4.
2. Ext.P4 is a general direction issued by the
District collector whereby registration of properties
owned by one Cheriyan Joseph of Kattakkayam
comprised in certain survey numbers of Kurumathur
village is prohibited. There cannot be any general
prohibition to register documents in a particular
survey number for the reason that ceiling cases are
pending in respect of some properties included in
that survey number. If there is no ceiling case
pending in respect of a particular property,
registration of its sale deed cannot be prohibited for
the reason that ceiling cases are pending regarding
some other properties included in that survey
number.
3. The learned counsel for the petitioner refers to
the judgment of this Court in W.P.(C) No.41167 of
2022 wherein this Court held as follows:
"2. The prayer in the writ petition is for a
direction to the 4th respondent to register the
lease agreement executed between the
petitioner and the Manager, Kerala Gramin
Bank and to direct respondents 4 to 6 to
consider registration and mutation of 40.43
Ares of land owned by the petitioner as per
sale deed No.2665/1994 of SRO, Taliparamba
in Re-Sy.No.103/7 (old Sy.No.31/1) of
Kurumathur Village, by exempting the ban
imposed as per Exts.P3 and P4 . The reason
for refusal is Ext.P4 order dated 29.07.2021
issued by the 2nd respondent whereby owing
to a ceiling case with respect to the properties
which were owned by one Cheriyan Joseph of
Kattakkayam, registration regarding
properties comprised in certain survey
numbers of Kurumathur Village were
prohibited. This Court had held that there
cannot be any such prohibition to register
documents and the right of the State to
initiate action is always available, even if a
registration is effected. I do not find any
reason to take a different view."
4. The facts and circumstances of the instant
case are almost identical and I do not find any reason
to take a different view.
Accordingly, it is declared that Exts.P3 and P4
shall not stand in the way of registration of the
property covered by Ext.P1 sale deed or in effecting
mutation, if there are no other legal impediments.
However, the right of the Government to initiate
steps or to continue steps under the Kerala Land
Reforms Act, shall not, in any way, be affected by this
judgment or by the registration/mutation effected.
The writ petition is disposed of.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SB
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE SALE DEED NO. 456/2023 OF
SRO THALIPARAMBA DATED 23-01-2023
Exhibit P2 THE TRUE COPY OF THE TAX RECEIPT DATED 06-
10-2023 ISSUED BY THE 6TH RESPONDENT
Exhibit P3 THE TRUE COPY OF THE ORDER OF THE TALUK LAND
BOARD, THALIPARAMBA DATED 16-11-2017
Exhibit P4 THE TRUE COPY OF THE ORDER OF THE DISTRICT
COLLECTOR DATED 29-07-2021
