Kerala High Court
Vellappalli Raveendran vs State Of Kerala on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 17330 OF 2015
PETITIONER:
1 VELLAPPALLI RAVEENDRAN
AGED 68 YEARS
S/O.KUMARAN, KALOOR THAZHAM HOUSE, PUTHIYARA.P.O.,
KOZHIKODE, PIN-673 004.
2 ADDL. 2. PUSHPALATHA
W/O. LATE VELLAPALI RAVEENDRAN, VELLAPPALI HOUSE,
PUTHIYARA P.O., KASABA, KARYAKUNNU, KOZHIKODE.
(IS IMPLEADED AS ADDITIONAL 2ND PETITIONER AS PER ORDER
DATED 06.02.2024 IN I.A. NO.1/2023) )
BY ADV SRI.E.NARAYANAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND AND
REVENUE, SECRETARIAT, THIRUVANANTHAPURAM-01.
2 THE LAND TRIBUNAL
KOZHIKODE, CIVIL STATION, PIN-673 020.
3 RAJAN
S/O.ALANGOTTU SANKARAN NAIR, UPPUKANDAMNILAM,
ARAYEDATHPALAM,PUTHIYARA, KOZHIKODE, PIN-673 004.
4 PRABHA MOHAN
D/O.ALANGOTTU SANKARAN NAIR, UPPUKANDAMNILAM,
ARAYEDATHPALAM, PUTHIYARA, KOZHIKODE, PIN-673 004.
5 SAJAN
S/O.ALANGOTTU SANKARAN NAIR, UPPUKANDAMNILAM,
ARAYEDATHPALAM, PUTHIYARA, KOZHIKODE, PIN-673 004.
6 SARASWATHI
D/O.ALANGOTTU SANKARAN NAIR, UPPUKANDAMNILAM,
ARAYEDATHPALAM,PUTHIYARA, KOZHIKODE, PIN-673 004.
WP(C) NO. 17330 OF 2015
2
BY ADV.
SRI. B.S SYAMANTAK, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 17330 OF 2015
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 17330 of 2015
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Dated this the 06th day of January, 2024
JUDGMENT
The above Writ petition is filed with the following
prayers:
"(1) To set aside Ext.P4 purchase certificate
issued in favour of the respondents 3 to 6.
(2) Issue a Declaration that Ext.P4 purchase
certificate is null and void and is liable to be set aside;
And
(3). To grant such other reliefs as this Hon'ble
Court may deem just and fit in the circumstances of the
case."
2. When this Writ Petition came up for
consideration, both sides submitted that the matter is
covered in favour of the petitioner in Ratna Bai vs.
WP(C) NO. 17330 OF 2015
State of Kerala [2004 (1) KLT 632]. The relevant
paragraph of the above said judgment is extracted
hereunder;
"16. The facts of the case also show that real
hardship and prejudice is caused on the part of the
landowners also. A poor landlord who is unable to
construct a house out of the necessity and
hardships when gives small portion of the land for
constructing a house on a ground rent and that
citizen is deprived of that property without any
real compensation. There are cases where karaima
holders had obtained the right and ownership on
the basis of the 1963 Act and thereafter balance
property is alienated by the landlord or buildings
are constructed for residential occupation of the
landlord and lands are cultivated by him. By the
present amendment that has to given karaima
holder considering the possession of three
decades ago. Whether one is in possession of the
land as on 1st January, 1970 is also a difficult
WP(C) NO. 17330 OF 2015
question which is to be decided by the Land
Tribunal. Of course, it is true that the burden is so
heavy on the person to prove that he was in
possession of the property on 1st January, 1970.
When the 1989 amendment came, no specific
corresponding right was made for purchase of the
appurtenant land. But, even in 1989 Act, the
possession to be considered was with respect to
1989 and not of a retrospective date and the
landowners are unable to question the 1989 Act
because it was already included in the Ninth
Schedule. There are cases in these groups where
second application based on the 1989 Act was
dismissed. A Single Bench of this Court held in
Damayanthi & Ors v. Karthiayani & Ors (ILR 1997
(2) Kerala 428) that once a tenant raises a claim of
actual tenancy, he cannot be permitted to
advance the case of deemed tenancy. Anyway,
that is a matter to be decided by the Tribunal
when an application is filed before the Tribunal. We
are not considering the question of
WP(C) NO. 17330 OF 2015
constitutionality of the 1989 Amendment Act as it
is included in the Ninth Schedule and we are not
also mentioning anything regarding the rights of
the karaima holder under the 1969 or 1989 Acts
as we are only concerned in these petitions about
the effect of the 1999 Amendment Act and we are
of opinion that the impugned Amendment Act is
unconstitutional and unreasonable."
3. In the light of the above judgment, Ext.P4
purchase certificate can be set aside.
Therefore, this writ petition is disposed of with the
following direction;
1. Ext. P4 is set aside.
Sd/-
P.V.KUNHIKRISHNAN
nvj JUDGE
WP(C) NO. 17330 OF 2015
APPENDIX OF WP(C) 17330/2015
PETITIONER EXHIBITS
P1- TRUE COPY OF THE KANAM ASSIGNMENT
DEED NO.211/1984, DATED 5.3.1984 OF
SRO, KOZHIKODE.
P2- TRUE COPY OF THE PURCHASE
CERTIFICATE DATED 17.6.1978 ISSUED IN
FAVOUR OF SRI.SANKARAN NAIR.
P3- TRUE COPY OF THE ORDER DATED
17.6.1977 OF THE SPECIAL
TAHSILDAR(LR), VADAKARA BY WHICH
GRANTING EXT.P2 PURCHASE CERTIFICATE
TO THE SAID SANKARAN NAIR.
P4- TRUE COPY OF THE PURCHASE
CERTIFICATE DATED 23.1.2001 ISSUED IN
FAVOUR OF THE RESPONDENTS HEREIN BY
THE LAND TRIBUNAL, KOZHIKODE.
P5- TRUE COPY OF THE ORDER DATED
23.1.2001, WHEREBY THE LAND TRIBUNAL,
KOZHIKODE ISSUED EXT.P3 PURCHASE
CERTIFICATE TO THE RESPONDENTS.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
