Kerala High Court
Msp Family Jain Trust Rep. By Its ... vs State Of Kerala on 20 June, 2024
WP(C) No.19498/2018 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
Thursday, the 20th day of June 2024 / 30th Jyaishta, 1946
WP(C) NO. 19498 OF 2018(J)
PETITIONER:
MSP FAMILY JAIN TRUST, REP. BY ITS PRESIDENT SREEMANDARAVARMA JAIN,
S/O. M.P. SANTHIVARMA JAIN, AGED 48 YEARS, KALYANAMANDIRAM ESTATE,
MUTTIL NORTH VILLAGE, KALPATTA NORTH, VYTHIRI TALUK, WAYANAD
DISTRICT.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, REVENUE
DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN-695001.
2. THE DISTRICT COLLECTOR, WAYANAD DISTRICT, PIN-673005.
3. THE THAHSILDAR, VYTHIRI TALUK, WAYANAD DISTRICT, PIN-673005.
4. ADDL.R4 TAHSILDAR (LAND RECORDS), VYTHIRI TALUK, WAYANAD DISTRICT,
PIN-673005. (ADDL.R4 IS IMPLEADED VIDE ORDER DATED 06/02/2019 IN
IA.NO.01/2019)
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim direction directing the respondents not to
interfere in any manner with the peaceful possession and enjoyment of the
property belonging to the petitioner on the basis of exhibit P14, pending
the disposal of the writ petition.
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. JACOB SEBASTIAN, ANU JACOB, K.V.WINSTON Advocates for the petitioner
and of SRI.NOUSHAD K.A., Advocate for the respondents 1 to 3(B/o.), the
court passed the following:
P.T.O
WP(C) No.19498/2018 2/6
EASWARAN S., J.
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W.P.(C) No. 19498 of 2018
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Dated this the 20th day of June, 2024
ORDER
Essentially the question involved in the writ petition
is as to whether the Collector can decide the question of
title while considering the proceedings under the Kerala
Land Conservancy Act. The claim of the petitioner is
that the property comprised of 2.984 hectors of land was
acquired by one Sri.M.K.Subbyya Gaundan in tenancy
right from 1928 onwards. After the implementation of
State Reorganization Act in November, 1956 the present
Wayanad District came into existence. After the state
reorganization was promulgated, the State of Kerala
enacted the Kerala Land Conservancy Act and thereby
repealing the earlier provisions under the Malabar Land
Conservancy Act. During 1940, when there was a
shortage of food, Sri.M.K.Subbyya Gaundan was asked
by the officials of the government to cultivate the
aforesaid land and accepting such suggestion,
Sri.M.K.Subbyya Gaundan cultivated the land with
coffee, pepper and other fruits. For several decades
the properties covered by the above notice was well
developed estate and petitioner has been continuing
with the same. When faced with the land conservancy
proceedings, the petitioner prevails specific objections
with regard to the jurisdiction of the Collector to
proceed under the provisions of the Land Conservancy
Act which resulted in Ext.P14 order.
2. During the pendency of the writ petition, one
of the parties in Ext.P14 order in respect of different
extent of property had filed Writ Petition (C) No.731 of
2019 which was decided in the judgment reported in
Deviprasad M.N. and Others v. District Collector,
Wayanad and Others (2019 (4) KHC 28). The
categoric findings of the learned Single Judge of this
Court was that if the parties are able to show any
sentence of right over the property, the land
conservancy proceedings cannot be initiated.
Therefore, the petitioner prays that the writ petition be
disposed of in terms of the findings rendered by the
learned Single Judge.
3. On the other hand, Sri.Noushad K.A., leraned
counsel appearing for the State submitted that the
petitioners claim that they are holding the property on
the basis of a Puncha chits cannot be accepted and
defended the proceedings to be initiated against the
petitioner under the provisions of the Land
Conservancy Act.
4. He also further submitted that both parties
in the judgment referred to above had approached the
Division Bench by filing Writ Appeal Nos.2227 of 2019
and 1435 of 2020 and the same are pending
consideration.
In view of the above, this Court deems it
appropriate that the writ petition also be heard by the
Division Bench which is considering the above writ
appeals. Hence, place this file before the honourable
Chief Justice for appropriate orders. The interim order
passed in the writ petition will continue until further
orders.
Sd/-
EASWARAN S.
JUDGE
vv
20-06-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(C) 19498/2018
EXHIBIT P14 A TRUE COPY OF THE ORDER DATED MAY 3, 2018 ISSUED BY
THE THIRD RESPONDENT.
20-06-2024 /True Copy/ Assistant Registrar
