Kerala High Court
Thomas Devasia vs District Collector on 5 November, 2024
Author: Anil K.Narendran
Bench: Anil K.Narendran
2024:KER:82570
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 5TH DAY OF NOVEMBER 2024/14TH KARTHIKA, 1946
W.P.(C) NO. 22917 OF 2024
PETITIONER:
THOMAS DEVASIA
AGED 62 YEARS
KANDANTHIL, MANIPURA,MANKULAM, DEVIKULAM,
IDUKKI DISTRICT, PIN - 685565.
BY ADV JESTIN MATHEW
RESPONDENTS:
1 DISTRICT COLLECTOR
IDUKKI, CIVIL STATION, KUYILIMALA P.O,
PAINAVU,IDUKKI, PIN - 685603.
2 TAHASILDAR
TALUK OFFICE COMPLEX, DEVIKULAM, IDUKKI
DISTRICT, PIN - 685613.
3 VILLAGE OFFICER
MANKULAM P.O,DEVIKULAM, IDUKKI DISTRICT,
PIN - 685565.
4 SUB REGISTRAR
OFFICE OF THE SUB REGISTRAR, DEVIKULAM, IDUKKI
DISTRICT, PIN - 685613.
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2
W.P.(C) No.22917 of 2024
SRI. ASWIN SETHUMADHAVAN, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR FINAL
HEARING ON 24.10.2024, THE COURT ON 05.11.2024 DELIVERED
THE FOLLOWING:
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3
W.P.(C) No.22917 of 2024
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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W.P.(C) No.22917 of 2024
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Dated this the 5th day of October, 2024
JUDGMENT
P.G.Ajithkumar, J.
The petitioner claiming title to the property, in respect of
which he obtained Ext.P2 patta, seeks a declaration that he is
entitled to alienate the said property and a writ of mandamus
directing the 4th respondent to accept and register the
document of transfer he executes in respect of the said
property. It is his contention that the said property was
assigned under the provisions of Kannan Devan Hills
(Reservation and Assignment of Vested Lands) Rules, 1977 in
favour of his father in the year 1980. As a sequel to that order
of assignment, which is Ext.P4, patta was issued in his favour.
Therefore, the period of 12 years after assignment is over and
therefore there is no bar for his alienating the property. He
would allege that the authorities are not permitting him to
alienate the property saying that Ext.P2 was issued only on
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07.12.2019 and therefore the condition contained in clause
(3) in it prohibiting alienation for a period of 12 years applies
in his case.
2. The 2nd respondent filed a counter-affidavit
producing therewith Exts.R2(a) and R2(b). The contention of
the 2nd respondent is that only on 21.01.2019 an order
assigning the property in question to the petitioner was
passed by the District Collector, which is Ext.R2(a), and
therefore, the petitioner has no right of alienation of the
property which he obtained as per Ext.P2 patta dated
07.12.2019, before expiry of 12 years from that date. The
petitioner has filed a reply-affidavit producing therewith
Exts.P4 to P6.
3. Heard the learned counsel for the petitioner and
the learned Special Government Pleader.
4. The contention of the petitioner is that he obtained
patta in terms of Ext.P4 order of assignment dated
01.04.1980. The said order was in favour of his father, he
could not obtain a patta during his lifetime. Ext.P2 patta was
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issued as a sequel to the said order of assignment and
therefore the 12 year period of restrictive clause against
alienation within 12 years from the order of assignment is
already over. In this respect, the learned counsel for the
petitioner places reliance on Ext.P3 judgment of this Court
dated 31.05.2022 in W.P.(C) No.10068 of 2022. In that
decision, a learned Single Judge of this Court took the view
that the period of 12 years has to be counted from the date of
assignment and not the date of patta. Such a view was taken
by interpreting Rules 12 and 13 of the Kannan Devan Hills
(Reservation and Assignment of Vested Lands) Rules. If the
order of assignment in favour of father of the petitioner,
Ext.P4 is reckoned with, it can be said that period of 12 years
has already been over and the contention of the petitioner
may be accepted. But the facts of this case are totally
different.
5. Ext.P4 was issued in favour of his father. If title to
the property flows from Ext.P4, the petitioner cannot claim
exclusive title to the said property. Once Ext.P4 is treated as
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the document of title and Ext.P2 patta is a document
acknowledging Ext.P4, the claim of exclusive title by the
petitioner to the property in question is unsustainable. The
learned counsel for the petitioner invited our attention to
Ext.P5. It is a copy of the mahazar prepared on 06.06.2018.
There is an endorsement in it that other heirs of Sri.Thomman
Devassia, father of the petitioner, consented to assign the
property in favour of the petitioner. Such a consent cannot
amount to transfer of title to the property in the light of the
provisions of Section 17 of the Registration Act, 1908.
Therefore, the contention of the petitioner that the title and
interest flow from Ext.P4 assignment and its date has to be
reckoned with while deciding petitioner's right of alienation in
exclusion of other heirs of Sri.Thomman Devassia is
untenable. In that view of the matter, the relief of declaration
that he has right to alienate the property cannot be granted.
6. Ext.P2 patta was evidently issued following
Ext.R2(a) order of assignment dated 21.01.2019. Ext.R2(a) is
in favour of the petitioner. When Ext.P2 patta was issued in
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terms of Ext.R2(a), the petitioner is able to claim title to the
property and exercise the right of transfer. But, such a
transfer is possible only after 12 years from the date of the
order of assignment as per Ext.R2(a), which is 21.01.2019. In
that situation also the petitioner is not entitled to the reliefs
claimed in the writ petition.
Hence, the writ petition is dismissed.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
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APPENDIX OF WP(C) 22917/2024
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE MAHAZAR DATED
06/06/2018 PREPARED BY THE VILLAGE
ASSISTANT, OFFICE OF THE 3RD
RESPONDENT
EXHIBIT P2 . A TRUE COPY OF THE PATTA DATED
07/12/2019 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
EXHIBIT P3 A TRUE COPY OF THE JUDGEMENT DATED
31/05/2022 IN WP(C) NO.10068/2022 OF
THE HONOURABLE COURT
EXHIBIT P4 FORM 5 ORDER OF ASSIGNMENT ON REGISTRY
DATED 01.04.1980 ASSIGNED TO THE
FATHER OF THE PETITIONER BY THE 1ST
RESPONDENT OBTAINED THROUGH THE RTI
ACT, 2005 FROM THE OFFICE OF THE 2ND
RESPONDENT
EXHIBIT P5 MAHAZAR DATED 24.07.2018 ISSUED BY THE
3RD RESPONDENT VILLAGE OFFICER TO THE
PETITIONER OBTAINED THROUGH THE RTI
ACT, 2005 FROM THE OFFICE OF THE 2ND
RESPONDENT.
EXHIBIT P6 RELEVANT PAGE OF BASIC TAX REGISTER
REGISTERED IN THE NAME OF THOMMAN
DEVASIA FATHER OF THE PETITIONER DATED
NIL OBTAINED THROUGH THE RTI ACT, 2005
FROM THE OFFICE OF THE 2ND RESPONDENT
RESPONDENT EXHIBITS
EXHIBIT R2(A) TRUE COPY OF THE ORDER OF ASSIGNMENT
ON REGISTRY IN FORM NO.5 DATED
21.01.2019.
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EXHIBIT R2(B) TRUE COPY OF THE FORM OF PATTA DATED
07.12.2019 IN FORM NO. 6.
