Venugopal vs The District Collector
2024 Latest Caselaw 28745 Ker

Kerala High Court

Venugopal vs The District Collector on 3 October, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

                                             2024:KER:73293



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

 THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946



                  WP(C) NO. 21239 OF 2024

PETITIONER:

         VENUGOPAL
         AGED 73 YEARS
         S/O. SANKARA MENON, SARALAYIL HOUSE, CHALA
         PADINJAREKARA, THOTTADA P.O., THOTTADA VILLAGE,
         KANNUR TALUK, KANNUR DISTRICT, PIN - 670007


         BY ADVS.
         K.V.JAYADEEP MENON
         T.P.RAMESH (THENGUMPILLIL)
         P.KRISHNAPRIYA




RESPONDENTS:

    1    THE DISTRICT COLLECTOR
         COLLECTORATE, CIVIL STATION, KAKKANAD P.O.,
         ERNAKULAM DISTRICT, PIN - 682030

    2    THE TAHASILDAR
         TALUK OFFICE, KUNNATHUNADU, PERUMBAVOOR,
         ERNAKULAM DISTRICT, PIN - 683543

    3    THE PRINCIPAL SECRETARY
         DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS,
         GOVERNMENT OF KERALA, SECRETARIAT,
         THIRUVANANTHAPURAM DISTRICT, PIN - 695012
                                                    2024:KER:73293
WP(C) NO.21239 OF 2024
                                 2

    4       THE SECRETARY
            KOOVAPPADY GRAMA PANCHAYATH, AIMURY,
            KOOVAPPADY P.O., PERUMBAVOOR,
            ERNAKULAM DISTRICT, PIN - 683544


            BY ADVS.
            SMT. VIDYA KURIAKOSE - GOVERNMENT PLEADER
            SRI. R. RENJITH - STANDING COUNSEL



     THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION    ON   03.10.2024,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                2024:KER:73293
WP(C) NO.21239 OF 2024
                                3



                          JUDGMENT

The petitioner is one of the co-owners in possession

and enjoyment of 1.05.22 Hectares of land covered by

Document No.8956/2007 of S.R.O., Perumbavoor. 3.60 Ares

of puramboke land comprised in Re-Survey No.396/4 of

Koovappady Village and an old and dilapidated well is

situated therein is surrounded by the property of the

petitioner. There is no direct access to the puramboke land.

Hence, the petitioner along with the co-owner preferred

Ext.P4 application before the 1st respondent for assignment

of the puramboke land in their favour. The petitioner and

the co-owner have undertaken to give equal extent of their

property in exchange of the assignment of the land in their

favour. The 1st respondent forwarded Ext.P4 application to

the 2nd respondent calling for a report. The Village Officer

conducted an inspection and submitted Ext.P6 report before

the 2nd respondent. Based on Ext.P6, the 2 nd respondent

submitted Ext.P7 report to the 1st respondent. In the said 2024:KER:73293 WP(C) NO.21239 OF 2024

report, it is suggested that the steps should be taken to

assign the land in favour of the petitioner after the property

being divested from the Panchayath to the Government

since the puramboke land now belongs to the Panchayath.

Thereafter, the matter was considered by the Panchayath

committee and Ext.P9 report along with sketch and copy of

BTR was submitted before the District Joint Director of

Panchayath. Later, the Panchayath submitted Ext.P9 report

before the Additional Chief Secretary, Department of Local

Self Government stating that it has no objection to divest the

property to the Government. Then, the 3 rd respondent

passed Ext.P11 order rejecting the request of the petitioner.

It is challenging Ext.P11, this Writ Petition has been filed.

2. I have heard Sri. Jayadeep Menon K. V., the learned

counsel appearing for the petitioner, Smt. Vidya Kuriakose,

the learned Government Pleader and Sri. R. Ranjith, the

learned Standing Counsel for the 4th respondent.

3. The materials on record reveal that the puramboke

land having an extent of 3.60 Ares is surrounded by the 2024:KER:73293 WP(C) NO.21239 OF 2024

property of the petitioner and there is no direct access to the

puramboke land. It is not in dispute that the said

puramboke land is now vested with the Koovappady Grama

Panchayath. The petitioner has offered to provide an equal

extent of land to the Panchayath or Government, as the case

may be, in exchange of the assignment of the puramboke

land in their favour.

4. The learned Standing Counsel for the Panchayath

submitted that the Panchayath has absolutely no objection

in assigning the puramboke land which now belongs to the

Panchayath in favour of the petitioner on condition that the

petitioner shall assign an equivalent land to the Panchayath.

The learned Standing Counsel further submits that since the

puramboke land does not have any road access and the land

proposed to be given by the petitioner in exchange of the

puramboke land is a land abutting the Panchayath road, the

Panchayath will only be benefited by such an exchange.

However, the Government as per Ext.P11 has taken a stand

that since the property is vested with the Panchayath, it 2024:KER:73293 WP(C) NO.21239 OF 2024

cannot take a decision to assign the land in favour of the

petitioner.

5. The learned Standing Counsel for the Panchayath

has invited my attention to Rule 6 of the Kerala Panchayath

Raj (Acquistion and Disposal of Property) Rules, 2005 (for

short 'the Rules'). The said provision deals with the transfer

of Panchayath owned property through sale. It says that the

Panchayath may transfer any of its own property by sale

with prior permission of the Government and such transfer

shall be in accordance with Form II appended to the Rules. In

fact, the Panchayath has already passed a resolution to

assign the puramboke land in question in favour of the

petitioner on condition that the petitioner shall assign an

equivalent land in favour of the Panchayath. Since the

property belongs to the Panchayath, if Panchayath takes a

decision to assign the land in favour of the petitioner, in

normal circumstances, the Government cannot refuse to

grant permission as contemplated under Rule 6 of the Rules.

2024:KER:73293 WP(C) NO.21239 OF 2024

6. In these circumstances, this Writ Petition is

disposed of as follows:

The petitioner shall file a fresh application requesting

transfer of puramboke property belonging to the Panchayath

under Rule 6 of the Rules. On receipt of the said application,

the Panchayath shall seek permission from the Government.

The Government shall consider the said request and pass

necessary order, in accordance with law. On receipt of the

permission from the Government, the Panchayath shall take

a decision on the request of the petitioner to assign the land,

in accordance with law.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE BR 2024:KER:73293 WP(C) NO.21239 OF 2024

APPENDIX OF WP(C) 21239/2024

PETITIONER'S EXHIBITS

Exhibit-P1 TRUE PHOTOCOPY OF THE LAND TAX RECEIPT DATED 09.04.2021 ISSUED FROM VILLAGE OFFICE KOOVAPPADY

Exhibit-P2 TRUE PHOTOCOPY OF THE THANDAPPER ACCOUNT ISSUED FROM VILLAGE OFFICE KOOVAPPADY DATED 09.03.2022

Exhibit-P3 TRUE PHOTOCOPY OF THE FILED MEASUREMENT BOOK ISSUED FROM VILLAGE OFFICE KOOVAPPADY DATED 09.03.2022

Exhibit-P4 TRUE PHOTOCOPY OF THE APPLICATION DATED 28.02.2022 SUBMITTED BY THE PETITIONER ALONG WITH THE CO-OWNER BEFORE THE 1ST RESPONDENT HEREIN

Exhibit-P5 TRUE PHOTOCOPY OF THE THANDAPPER ACCOUNT OF THE PURAMBOKE LAND HAVING AN EXTENT OF 03.60 ARES COMPRISED IN BLOCK NO.6, RE-SURVEY NO. 396/4 OF KOOVAPPADY VILLAGE ISSUED FROM VILLAGE OFFICE KOOVAPPADY DATED 09.03.2022

Exhibit-P6 TRUE PHOTOCOPY OF THE REPORT OF THE VILLAGE OFFICER, KOOVAPPADY VILLAGE DATED 09.03.2022

Exhibit-P7 TRUE PHOTOCOPY OF THE REPORT OF THE 2ND RESPONDENT SUBMITTED TO THE 1ST RESPONDENT DATED 11.04.2022

Exhibit-P8 TRUE PHOTOCOPY OF REPORT OF THE 2ND RESPONDENT DATED 18.08.2022 SUBMITTED TO THE 1ST RESPONDENT

Exhibit-P9 TRUE PHOTOCOPY OF REPORT OF THE 4TH RESPONDENT DATED 25.05.2023 SUBMITTED TO THE DISTRICT JOINT DIRECTOR OF 2024:KER:73293 WP(C) NO.21239 OF 2024

PANCHAYATH WITH THE COPY OF THE DECISION OF THE PANCHAYATH COMMITTEE WITH OTHER DOCUMENTS

Exhibit-P10 TRUE PHOTOCOPY OF THE REPORT FORWARDED BY THE UNDER SECRETARY TO THE GOVERNMENT, DEPARTMENT OF LOCAL SELF ADMINISTRATION (R.E.) TO THE 3RD RESPONDENT ON 19.01.2023

Exhibit-P11 TRUE PHOTOCOPY OF DECISION TAKEN BY THE 3RD RESPONDENT ON 26.12.2023 AND FORWARDED BY THE 4TH RESPONDENT TO THE PETITIONER WITH A LETTER DATED 29.02.2024

Exhibit-P12 TRUE PHOTOCOPY OF THE LETTER DATED 06.05.2024 SUBMITTED BY THE PETITIONER ALONG WITH HIS CO-OWNER TO THE 2ND RESPONDENT

Exhibit-P13 TRUE PHOTOCOPY OF ACKNOWLEDGMENT RECEIPT DATED 08.05.2024 ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT

RESPONDENTS' EXHIBITS

Exhibit R2(a) A TRUE COPY OF THE BTR

Exhibit R2(b) A TRUE COPY OF THE REPORT SUBMITTED TO THE FIRST RESPONDENT DATED 11.04.2022

Exhibit R2(c) A TRUE COPY OF THE REPORT SUBMITTED BY THE SECRETARY , KOOVAPADI GRAMA PANCHAYAT DATED 30.07.2022

Exhibit R2(d) A TRUE COPY OF THE GUIDELINES ISSUED BY THE LSGD DATED25.09.2014