Kerala High Court
Anilkumar.M.K vs State Of Kerala on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 26937 OF 2018
PETITIONERS:
1 ANILKUMAR.M.K
AGED 44 YEARS, S/O.PADMANABHAN NAMBIAR, MADATHIKANDI,
PATHIYARAKKARA P.O., VADAKARA, KOZHIKKODE.
2 STATE OF KERALA REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001.
BY ADVS.
K.LAKSHMINARAYANAN
SATHYASHREE PRIYA EASWARAN(k/00579C/1990)
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,DEPARTMENT OF REVENUE,
SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001.
2 DISTRICT COLLECTOR
COLLECTORATE, WAYANAD, PIN-673121.
3 SUB COLLECTOR
COLLECTORATE, WAYANAD, PIN-673121
4 TAHSILDAR
VAITHIRI TALUK, VAITHIRI P.O., WAYANAD, PIN-673121.
5 VILLAGE OFFICER
KOTTAPPADY VILLAGE, KOTTAPPADI, WAYANAD DISTRICT,
PIN-673577.
6 MS.HARRISON MALAYALAM PLANTATIONS
MEPPADI, WAYANAD, PIN-673577.
BY ADVS.
SRI. BIMAL K NATH, SR. GOVERNMENT PLEADER
M. GOPIKRISHNAN NAMBIAR
SRI.S.B.PREMACHANDRA PRABHU, SPL.GOVERNMENT PLEADER FOR
WP(C).NO.10962/2015 AND CONNECTED CASES
WP(C) NO. 26937 OF 2018 -2-
K. JOHN MATHAI
JOSON MANAVALAN
KURYAN THOMAS
PAULOSE C. ABRAHAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 27.03.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 26937 OF 2018 -3-
JUDGMENT
The above writ petition is filed by the petitioner who
claims to be a person who has obtained certain extent of
property under Ext.P5 sale deed executed under a Court
auction by the Party receiver. His prayer is to direct the
Tahsildar to conduct an enquiry regarding effecting of
mutation of the property covered by Ext.P5 under the
provisions of the Transfer of Registry Rules. A further
prayer in the form of writ of mandamus for a direction to
respondent Nos.3 and 4 to conduct an enquiry in terms
of Rule 11 read with Note (ii) of Rule 10 of the Transfer
of Registry Rules is also sought for.
2. The learned Standing Counsel appearing for
the sixth respondent, Adv.Pooja Menon, brings to my
notice that on the same facts the petitioner had
approached this Court in Writ Petition No.4529 of 2014
which resulted in Ext.P12 judgment in which this Court
declined in the prayer of the petitioner herein for a
direction to the Tahsildar to effect mutation, especially
when the possession of the property itself was disputed
and that the order impugned therein refers to the
possession of Harrison Malayalam in respect of the
property. When this was pointed out to the counsel for
the petitioner, Sri.Lakshmi Narayanan asserts that the
property covered in the writ petition resulting in Ext.P12
judgment and the present writ petition is entirely
different. He also further submits that O.S.No.31 of
2018 has been filed before the Subordinate Judges Court,
Sulthan Batheri against the sixth respondent for handing
over vacant possession of the property.
3. I am afraid that I am not in a position to accept
the contention of the petitioner. The counsel for the
sixth respondent is justified in raising an objection in this
Court issuing a writ of mandamus for conducting an
enquiry in terms of the Transfer of Registry Rules for
effecting mutation of the property. Here the possession
itself is under dispute. This Court has already directed in
Ext.P12 judgment that the petitioner will have to
establish his legal rights and title over the property
before seeking for a direction against the Tahsildar to
effect mutation of the property concerned. The objection
is further justified on the fact that O.S.No.31 of 2018 has
been filed by the petitioner seeking for a decree against
the Harrison Malayalam for handing over the vacant
possession of the land. This clearly
establishes that the parties are at serious dispute on the
question of possession.
4. In the light of aforesaid facts, this Court will
not be justified in issuing the direction as sought for in
the writ petition. Accordingly, the writ petition is
dismissed. However, the dismissal of the writ petition
will not be in prejudice to the right of the petitioner to
establish his title in the appropriate civil proceedings and
thereafter claim such other right as under the provisions
of the Transfer of Registry Rules.
At this point of time, the learned Senior Government
Pleader points out that there are other disputes between
the Government and Harrison Malayalam. However, I am
not called upon to decide those issues in the present writ
petition, wherein the dispute is between the petitioner
qua the sixth respondent and this writ petition does not
deal with any other dispute between the Government and
the Harrison Malayalam. It is so clarified.
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF WP(C) 26937/2018
PETITIONER EXHIBITS
EXHIBIT P1- TRUE COPY OF ORDER DATED 12/11/1982 OF
THE SUB COURT, VADAKARA
EXHIBIT P2- TRUE COPY OF THE RESURVEY AND
RESETTLEMENT REGISTER OF KOTTAPPADY
VILLAGE.
EXHIBIT P3- TRUE COPY OF LAWYER NOTICE DATED
23/9/2003 SENT T 6TH RESPONDENT
EXHIBIT P4- TRUE COPY OF SCHEDULE OF PROPERTIES
SOUGHT TO BE SOLD
EXHIBIT P5- TRUE COPY OF SALE DEED NO.2969/2006 OF
KALPETA REGISTRY DATED 17/10/2006.
EXHIBIT P6- TRUE COPY OF THE APPLICATION DATED
20/11/2006 BEFORE THE TAHSILDAR
VAITHIRI TALUK
EXHIBIT P7- TRUE COPY OF LETTER DATED 13/8/2007 TO
THE DISTRICT SURVEY SUPERINTENDENT BY
THE RECEIVER
EXHIBIT P8- TRUE COPY OF BASIC TAX REGISTER OF
KOTTAPPADY VILLAGE
EXHIBIT P9- TRUE COPY OF THE RELEVANT PORTION OF
SUB DIVISION REGISTER OF KOTTAPPADY
VILLAGE
EXHIBIT P10- TRUE COPY OF RELEVANT PAGES OF
DECISION DATED 19/6/2008 OF THE SURVEY
ZONAL JOINT REGISTRAR
EXHIBIT P11- TRUE COPY OF THE JUDGMENT IN WP(C)
NO.25481/2008 DATED 9/9/2013.
EXHIBIT P12- TRUE COPY OF THE JUDGMENT IN WP(C)
NO.4529/2014 DATED 7/1/2016
EXHIBIT P13- TRUE COPY OF THE REPRESENTATION DATED
10/9/2017, FILED BY THE PETITIONER
BEFORE THE ADDITIONAL CHIEF SECRETARY
REVENUE
EXHIBIT P14- TRUE COPY OF THE REPORT OF THE VILLAGE
OFFICER DATED 21/11/2016 TO THE
TAHSILDAR
EXHIBIT P15- TRUE COPY OF THE REPORT OF THE
TAHSILDAR DATED 27/12/2016 TO DISTRICT
COLLECTOR
EXHIBIT P16- TRUE COPY OF THE LETTER AGED 13/6/2017
OF DISTRICT COLLECTOR TO THE
PETITIONER
EXHIBIT P17- TRUE COPY OF LETTER DATED 14/6/2017 OF
THE ADDITIONAL CHIEF SECRETARY
EXHIBIT P18- TRUE COPY OF LETTER DATED 29/8/2017 OF
THE UNDER SECRETARY TO REVENUE
DEPARTMENT TO THE PETITIONER
EXHIBIT P19 TRUE COPY OF THE EXTRACT OF THE
REVENUE REGISTER 1995-1996 OF
KOTTAPPADI VILLAGE ISSUED UNDER THE
RIGHT TO INFORMATION ACT.
EXHIBIT P20 TRUE COPY OF THE EXTRACT OF THE
REVENUE REGISTER ISSUED BY THE VILLAGE
OFFICER, KOTTAPPADI VILLAGE UNDER
RIGHT TO INFORMATION ACT.
EXHIBIT P21 A TRUE COPY OF THE LETTER DATED
2.8.2008 ISSUED BY THE DISTRICT
SURVEYOR, OFFICE OF THE DISTRICT
SURVEY SUPERINTENDENT, KALPETTA
ADDRESSED TO THE DISTRICT SURVEY
SUPERINTENDENT,W AYANAD.
EXHIBIT P22 A COPY OF FORM A OF TRANSFER OF
REGISTRY RULES.
EXHIBIT P23 A COPY OF THE NOTICE DATED 10.3.1993
ISSUED TO KHADEEJA BEEVI, WIFE OF
IBRAHIM SAHIB.
EXHIBIT P23-A A COPY OF THE NOTICE DATED 14.7.1997
ISSUED BY THE HEAD MINISTERIAL
OFFICER, MANANTHAVADI.
EXHIBIT P24 A TRUE COPY OF THE CERTIFICATE DATED
19.3.1987 ISSUED BY THE VILLAGE
OFFICER, KOTTAPADY IN THE ASSIGNEMNT
APPLICATION OF SHRI. MUHAMMED.
EXHIBIT P24-A COPY OF CERTIFICATES ISSUED BY THE
VILLAGE OFIFCER DATED 19.3.1987 IN THE
ASSIGNEMTN APPLICATION OF SHRI
KUNJUMOHAMMED.
EXHIBIT P24-B COPY OF CERTIFICATES ISSUED BY THE
VILLAGE OFIFCER DATED 6.2.1988 IN THE
ASSIGNMENT APPLICATION OF SHRI
CHIRACKAL AARU.
