Kerala High Court
Asharaf vs State Of Kerala on 23 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2272 OF 2024
PETITIONERS:
1 ASHARAF, AGED 39 YEARS
S/O HAMSA THOTTASSERY HOUSE, KUNJIYARPATHY,
KARIKAYAM P O, KIZHAKKENCHERY, ALATHUR TALUK,
PALAKKAD DISTRICT., PIN - 678706
2 HAMSA, AGED 69 YEARS
S/O MAMMU, THOTTASSERY HOUSE, KUNJIYARPATHY,
KARIKAYAM P O, KIZHAKKENCHERY, ALATHUR TALUK,
PALAKKAD DISTRICT., PIN - 678706
3 NABEESA, AGED 56 YEARS
W/O HAMSA, THOTTASSERY HOUSE, KUNJIYARPATHY,
KARIKAYAM P O, KIZHAKKENCHERY, ALATHUR TALUK,
PALAKKAD DISTRICT., PIN - 678706
4 SHAWKATHALI, AGED 37 YEARS
S/O HAMSA THOTTASSERY HOUSE, KUNJIYARPATHY,
KARIKAYAM P O, KIZHAKKENCHERY, ALATHUR TALUK,
PALAKKAD DISTRICT-678706., PIN - 678706
5 SUJITHA, AGED 42 YEARS
W/O RADHAKRISHNAN, MARUTHAKKODE HOUSE,
KUNJIYARPATHY, KARIKAYAM P O, KIZHAKKENCHERY,
ALATHUR TALUK, PALAKKAD DISTRICT., PIN - 678706
BY ADV BABY MATHEW
RESPONDENTS:
1 STATE OF KERALA
REP BY PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM- 695001, PIN - 695001
2 TALUK LAND BOARD
ALATHUR, REP BY ITS CHAIRMAN., PIN - 678541
3 DISTRICT COLLECTOR, PALAKKAD,
CIVIL STATION, PALAKKAD., PIN - 678001
WP(C) Nos.2272 & 4713 of 2024 2
4 DEPUTY COLLECTOR (LR)
CIVIL STATION, PALAKKAD., PIN - 678001
5 TAHASILDAR(LR)
TALUK OFFICE, ALATHUR, ALATHUR P O,
PALAKKAD DISTRICT., PIN - 678541
6 VILLAGE OFFICER
KIZHAKKENCHRY -II VILLAGE, KANIMANGALAM P O,
ALATHUR TALUK, PALAKKAD DISTRICT., PIN - 678508
SRI. JUSTIN JACOB -SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
23.02.2024, ALONG WITH WP(C).4713/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.2272 & 4713 of 2024 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 4713 OF 2024
PETITIONER:
BINDU, AGED 32 YEARS
W/O HARIDAS, OLIMKADAVU, KUNJIYARPATHY,
KARIKAYAM P O, KIZHAKKENCHERY, ALATHUR TALUK,
PALAKKAD DISTRICT-, PIN - 678706
BY ADV BABY MATHEW
RESPONDENTS:
1 STATE OF KERALA
REP BY PRINCIPAL SECRETARY TO GOVERNMENT,
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANATHAPURAM, PIN - 695001
2 TALUK LAND BOARD
ALATHUR, REP BY ITS CHAIRMAN., PIN - 678541
3 DISTRICT COLLECTOR
PALAKKAD, CIVIL STATION, PALAKKAD -, PIN - 678001
4 DEPUTY COLLECTOR(LR)
CIVIL STATION, PALAKKAD -, PIN - 678001
5 TAHASILDAR(LR)
CIVIL STATION, PALAKKAD -, PIN - 678001
6 VILLAGE OFFICER
KIZHAKKENCHRY -II VILLAGE, KANIMANGALAM P O,
ALATHUR TALUK, PALAKKAD DISTRICT-, PIN - 678508
OTHER PRESENT:
SMT. DEEPA V -GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, ALONG WITH WP(C).2272/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.2272 & 4713 of 2024 4
VIJU ABRAHAM, J.
.................................................................
W.P(C). Nos.2272 & 4713 of 2024
.................................................................
Dated this the 23rd day of February, 2024
JUDGMENT
In W.P.(C) No.2272 of 2024 petitioners have sought for a direction to
the respondents to assign the lands covered by Exts.P1 to P5 offers of
assignment to them by executing deeds of assignment in Form 19, whereas
in W.P.(C) No.4713 of 2024 petitioner has sought for a direction to the
respondents to assign the lands covered by Exts.P1 and P2 offers of
assignment to her by executing deeds of assignment in Form 19.
2. Petitioners are in possession of 1 acre of land each comprised in
survey no.1/1A of Kizhakkenchery no.2 Village in Alathur Taluk, Palakkad.
The land comprised in survey no.1/1A originally belonged to Union Timber
Trading Company, Pollachi (UTT Compamy). The total extent of land in the
ownership and possession of the UTT Company was 16453.67 acres. The
case of the petitioners is that various persons including their predecessors-
in-interest were leased out land from the company and that they are in
possession of the land much before the coming into force of the Kerala Land
Refoms Act. The offers of assignment of land in respect of the petitioner in
W.P.(C) No.2272 of 2024 are Exts.P1 to P5, whereas the offers of
assignment of land in respect of the petitioner in W.P.(C) No.4713 of 2024 is
Ext.P1. Petitioner in W.P.(C) No.4713 of 2024 has a further case that her
father P.C.Vasudevan was also delivered with Ext.P2 offer of assignment
and after father's death petitioner is the sole legal representative. Therefore
petitioner in W.P.(C) No.4713 of 2024 claims the benefit of Exts.P1 and P2
offers of assignment.
3. Learned Government Pleader upon instruction would submit that
since certain portion of the land is forest, a joint inspection and survey is to
be conducted for demarcating the property and thereafter the proceedings in
this regard could be finalised.
After hearing both sides and taking into consideration the submission
made by the learned Government Pleader, I am inclined to dispose of the
writ petitions with a direction to the respondents to finalise the proceedings
for assignment of land covered by Exts.P1 to P5 offers of assignment in
W.P.(C) No.2272 of 2024 and Exts.P1 and P2 offers of assignment in
W.P(C) No.4713 of 2024 within an outer limit of six months from the date of
receipt of a copy of the judgment, after affording an opportunity of being
heard to the petitioners.
With the above direction the writ petitions are disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 2272/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE 1ST PETITIONER
Exhibit P2 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE 2ND PETITIONER
Exhibit P3 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE 3RD PETITIONER
Exhibit P4 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE 4TH PETITIONER
Exhibit P5 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE 5TH PETITIONER
Exhibit P6 A TRUE COPY OF THE COMMUNICATION LETTER
DATED 11/05/2023 ISSUED BY THE 4TH
RESPONDENT
APPENDIX OF WP(C) 4713/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO THE PETITIONER
Exhibit P2 A TRUE COPY OF THE OFFER OF ASSIGNMENT IN
FORM 18 TO P C VASUDEVAN
Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE
DATED 16/02/2022 ISSUED BY REGISTRAR OF
DEATH
Exhibit P4 A TRUE COPY OF THE COMMUNICATION LETTER
DATED 11/05/2023 ISSUED BY THE 4TH
RESPONDENT
