Kerala High Court
Sobi Thomas vs The District Geologist on 27 March, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 27TH DAY OF MARCH 2024 / 7TH CHAITHRA, 1946
WP(C) NO. 10250 OF 2024
PETITIONER:
SOBI THOMAS,AGED 39 YEARS
CHUNGATHU HOUSE, 1/370 (IX/2020) ADDATTU (PO)
THRISSUR DISTRICT,, PIN - 680554
BY ADVS.
BINOY VASUDEVAN
SREEJITH SREENATH
RINCY KHADER
RESPONDENTS:
1 THE DISTRICT GEOLOGIST
OFFICE OF THE DISTRICT GEOLOGIST,
MINI CIVIL STATION, CHEMBUKKAVU,
THRISSUR, PIN - 680020
2 THE TAHSILDAR (LAND RECORDS)
THALAPILLY TALUK, WADAKKANCHERRY P.O.,
THRISSUR DISTRICT,, PIN - 680582
3 THE VILLAGE OFFICER
THEKKUMKARA-MANALITHARA VILLAGE,
THEKKUMKARA (PO), THRISSUR DISTRICT, PIN - 680589
OTHER PRESENT:
GP - AJITH VISWANATHAN
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.10250 of 2024 2
VIJU ABRAHAM, J.
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W.P (C) No.10250 of 2024
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Dated this the 27th day of March, 2024
JUDGMENT
Petitioner has approached this Court seeking to quash Ext.P6 and for
a direction to issue transit pass to the petitioner after accepting royalty from
him. Petitioner submits that he is in absolute ownership and possession of
50 Ares 57 sq.m. of dry land situated in survey nos.950/3 and 950/4-2 of
Thekkumkara Village in Thalapilly Taluk, Thrissur District obtained as per
Ext.P1 sale deed. After purchase of the property as per Ext.P1 mutation
was effected and tax was paid and possession certificate was also issued
as evident from Exts.P2 and P3. Petitioner with an intention to construct a
residential building in the said property prepared an application before the
local authority and a building permit was issued as per Ext.P4. For the
purpose of construction of the house ordinary earth has to be removed from
the property and Ext.P5 approved plan was also provided by the local
authority. Thereupon petitioner made an application before the 1 st
respondent for issuance of transit passes which has now been rejected as
per Ext.P6 taking a stand that the property is an assigned land. Petitioner
relies on Ext.P7 judgment in W.P.(C) No.4782 of 2022 wherein in an
identical situation this Court has considered the issue and granted
permission. Paragraphs 3 and 4 of the said judgment read as follows:
"3. It is evident from Exts.P9 to P12 that the construction of
residential buildings is not prohibited in the assigned land. There is
also no contention for the respondents that the land is not
alienable. It is also not disputed that use for residential purposes
will not be a violation of the conditions of the assignment. The
development permit is ancillary to the building permit and the
removal of the ordinary earth is only for the purpose of effecting the
construction. As such, the reasons stated in Ext.P8 are not legally
sustainable. The Senior Government Pleader pointed out condition
No.8 in Exts.P9 to P12 and submitted that there is a requirement
that the assignee or any member of his family and successor-in-
interest shall reside in/cultivate the land and that such
residence/cultivation shall commence within the period of one year
from the date of receipt of the patta. I do not think condition No.8
can have any bearing on the facts of this case. The patta was
issued as early as 23.5.1980 and there is no case for the
respondent that there has been a violation of any of the conditions
of the patta from 1980, till the date of transfer of the property to the
petitioner. It is also evident that the petitioner only seeks to use the
land for residential purposes, which is an activity permitted as per
the assignment. It is also evident that whoever resides in the
property will be a successor-in-interest, since alienation is
permitted.
4. In the result, the writ petition is allowed. Ext.P8 is quashed. The
1st respondent is directed to consider the application submitted by
the petitioner for transit passes and grant the same if the petitioner
is otherwise entitled. It is made clear that this judgment will not in
any manner affect the reservations available to the Government as
per the Land Assignment Rules."
Petitioner further submits that this Court has followed the abovesaid
judgment and passed similar judgments as evident from Exts.P8 to P10.
Petitioner relies on the conditions in Ext.P11 and P12 pattas especially
condition no.8 that the assignee or any member of his family or successor-
in-interest shall reside in/cultivate the land and such residence/cultivation
shall commence effectively within a period of one year from the date of
receipt of patta.
2. Considering the facts and circumstances of the case wherein
construction of a residential building is permitted even as per Exts.P11 and
P12 pattas and that the same has been upheld by this Court in Exts.P7 to
P10 judgments, I am inclined to dispose of the writ petition as follows:
Ext.P6 is set aside with a consequential direction to the 1 st
respondent to consider the application submitted by the petitioner for transit
passes and grant the same if the petitioner is otherwise entitled. It is also
made clear the above direction will not in any manner affect the
reservations available to the Government as per the Kerala Land
Assignment Act and Rules.
With the abovesaid direction writ petition is disposed of.
Sd/-
VIJU ABRAHAM
JUDGE
cks
APPENDIX OF WP(C) 10250/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF DOCUMENT NO.1239/2009 OF S.R.O.
WADAKKANCHERRY DATED 17.03.2009
Exhibit P2 TRUE COPY OF THE POSSESSION CERTIFICATE
DATED 03.10.2023 ISSUED BY THE 3RD
RESPONDENT
Exhibit P3 TRUE COPY OF THE LAND TAX RECEIPT DATED
04.09.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE BUILDING PERMIT NO.SC1-
BA(23458)/2024 DATED 19.01.2024 ISSUED BY
THE SECRETARY OF THEKKUMKARA GRARMA
PANCHAYAT
Exhibit P5 TRUE COPY OF THE PLAN DULY APPROVED BY THE
SECRETARY OF THE LOCAL AUTHORITY DATED
18.01.2024
Exhibit P6 TRUE COPY OF ORDER NO.DOTHRDMU/106/2024-5
DATED 08.02.2024 ISSUED BY THE 1ST
RESPONDENT
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 10.05.2022
IN W.P.(C) NO.4782 OF 2022
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 09.01.2023
IN W.P.(C) NO.409 OF 2023
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.12214 OF 2023 DATED 12.04.2023
Exhibit P10 TRUE COPY OF THE JUDGEMENT DATED 30.11.2023
IN W.P.(C)NO.38484 OF 2023
Exhibit P11 TRUE COPY OF PATTA BEARING NO. B7.LA1373/83
DATED 11-02-84 ISSUED TO ONE THANKAPPAN
Exhibit P12 TRUE COPY OF THE PATTA BEARING NO. B7/LA
1369/83 DATED 11-02-84 ISSUED TO ONE AMMINI
