Elsy John vs State Of Kerala
2025 Latest Caselaw 4944 Ker

Kerala High Court

Elsy John vs State Of Kerala on 10 March, 2025

Author: Anil K.Narendran

Bench: Anil K.Narendran

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WP(C)No.39784 of 2024                                       2025:KER:19349

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN

                                       &

                 THE HONOURABLE MR.JUSTICE MURALEE KRISHNA S.

     MONDAY, THE 10TH DAY OF MARCH 2025 / 19TH PHALGUNA, 1946

                            WP(C) NO. 39784 OF 2024


PETITIONER:

              ELSY JOHN, AGED 64 YEARS, W/O JOHN, VEEPPANATTU HOUSE,
              AMBATHAM MILE, MANKULAM P.O., IDUKKI DISTRICT, PRESENTLY
              RESIDING AT THIRUMANCHOLA HOUSE, ARACKAPADY, VENGOLAKARA,
              PERUMANI P.O., ERNAKULAM DISTRICT, PIN - 683556

              BY ADV LATHEESH SEBASTIAN

RESPONDENTS:

     1        STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO
              REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN -
              695001

     2        THE DISTRICT COLLECTOR
              COLLECTORATE, PAINAVU, IDUKKI, PIN - 686602

     3        THE REVENUE DIVISIONAL OFFICER
              RDO OFFICE, DEVIKULAM, IDUKKI DISTRICT, PIN - 685613

     4        THE TAHASILDAR, TALUK OFFICE, DEVIKULAM TALUK, IDUKKI
              DISTRICT, PIN - 685613

     5        THE VILLAGE OFFICER, MANKULAM VILLAGE, DEVIKULAM TALUK,
              IDUKKI DISTRICT, PIN - 685565

     6        SUB REGISTRAR, DEVIKULAM SUB REGISTRAR OFFICE, DEVIKULAM,
              IDUKKI DISTRICT, PIN - 685612

         SRI.ASWIN SETHUMADHAVAN, GOVERNMENT PLEADER

         THIS WRIT PETITION (CIVIL) WAS FINALLY HEARD ON 27.02.2025, THE

COURT ON 10.3.2025 PASSED THE FOLLOWING:
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WP(C)No.39784 of 2024                                    2025:KER:19349


                                 JUDGMENT

Muralee Krishna, J.

This writ petition is filed under Article 226 of the Constitution

of India by the petitioner seeking the following reliefs:

"i). Call for the records leading to Exts.P1 to P4 from the respondents;

ii). Issue a writ of mandamus or any other writ or direction directing to the 6th respondent to register sale deed or any other deed of alienation of property on presentation with respect to survey No.77/1(resurvey No.46/3-1) of Mankulam Village (Plot No.1157) without insisting for expiry of 12 years from 16.02.2018, the date of Ext.P3;

iii) Issue a writ of mandamus or any other writ or direction directing to the respondents 4 and 5 to effect mutation and accept land tax on the basis of the sale deed or any other deed of transfer of property with respect to survey No.77/1 (resurvey No.46/3-1) of Mankulam Village (Plot No.1157);

iv) Declare that the restriction contained in the 3rd condition in Ext.P3 on the basis of Rule 8(1) of Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules 1977 is not applicable to the petitioner at present"

2. Going by the averments in the writ petition, the

petitioner was assigned 1 Hectare of land in survey No.77/1

(resurvey No. 46/3-1) of Mankulam Village (Plot No.1157) under

the Kannan Devan Hills (Reservation and Assignment of Vested

WP(C)No.39784 of 2024 2025:KER:19349

Lands) Rules 1977 on 03.11.1996 by the 2nd respondent. But the

patta was issued to the petitioner after completing the formalities

and some other litigations with respect to the assignment of the

property only on 16.02.2018 with reservation that the property

shall not be alienated for a period of 12 years from the date of

assignment. The petitioner wants to sell the property as the

reservation against alienation is not applicable as the assignment

was in the year 1996 and the 12 year period is already completed

from the original date of assignment. This Court in W.P.(C)

No.21054 of 2022 held that the restriction under Rule 8 of the

Kannan Devan Hills (Reservation and Assignment of Vested Lands)

Rules 1977 is not applicable in similar cases as the assignment

was delayed not due to the fault of the petitioner and the

assignment is to be taken from the date of the original order of

assignment of registry. In spite of the declaration of law by this

Court, the 6th respondent is not receiving documents for

registration for transfer of interest and the respondents 4 and 5

are not effecting mutation on the basis of registration of

documents. The Writ Petition is filed in the above background.

3. The 4th respondent Tahsildar, Devikulam, filed a counter

WP(C)No.39784 of 2024 2025:KER:19349

affidavit dated 09.01.2025 denying the pleadings in the writ

petition. Paragraphs 3 and 4 of that counter affidavit read thus:

"3. It is submitted that in connection with the distribution of surplus land in Mankulam Village in 1980, 1 hectare of land belonging to the old survey 77/1 was allotted to the petitioner Mrs. Elcy John as plot number 1157 as per the land release order number C4/12860/94 dated 03.11.1996, However, the petitioner did not pay the land value and as such, patta was not issued to the petitioner. Later, on 10.01.2018, based on an application by the petitioner, the land value was refixed and patta for 1 hectare of land comprised in re-survey 46/3 (old survey 77/1) was issued as per Order No. LA/8/2018/MKM.

4. It is submitted that the patta was granted to the petitioner on 16.02.2018. In the said patta, it is stipulated as the 3rd condition that "Except as provided in sub rule (2) and (3) of 7 alienation of land is strictly prohibited for a period of 12 years from the date of assignment". It is submitted that though the petitioner received order of assignment on 03.11.1996, patta was issued only on 16.02.2018, since land value was not paid. The said patta was issued on the application of the petitioner dated 10.01.2018. As such, transfer of land can be done only after the expiry of the stipulated period in the patta document".

4. To the counter affidavit filed by the 4th respondent, the

petitioner filed a reply affidavit.

WP(C)No.39784 of 2024 2025:KER:19349

5. Heard the learned counsel for the petitioner and learned

Government Pleader.

6. The learned counsel for the petitioner submitted that the

land was initially assigned to the petitioner by virtue of Ext.P1

order of assignment of registry in Form No.5 dated 03.11.1996.

But he was not issued with the patta immediately due to non-

completion of some formalities. He was issued with the patta only

on 16.02.2018 with a reservation that the property shall not be

alienated for a period of 12 years. Since the assignment was

originally made in the year 1996, the period of 12 years is over in

2008 and hence he is entitled to alienate the property. According

to the learned counsel, in similar matters, a learned Single Judge

of this Court permitted the petitioners in W.P.(C) No.21054 of 2022

and W.P.(C)No.10068 of 2022 to alienate the property by taking

the date of assignment as the starting point of 12 years.

7. On the other hand, the learned Government Pleader

submitted that in the matters wherein the permission was granted

by the learned Single Judge to alienate the property, only the

issuance of patta was delayed due to delay in completion of some

official formalities. But in the instant case, the initial order of

WP(C)No.39784 of 2024 2025:KER:19349

assignment did not come into effect due to non-payment of the

required charges to be paid by the petitioner. He was assigned

with the property subsequently by virtue of Ext.P2 fresh order of

assignment on registry dated 16.02.2018 and Ext.P3 patta was

issued on the basis of that order. Therefore, the condition

restraining alienation for a period of 12 years in Ext.P2 will come

into effect from that date onwards. Hence the petitioner cannot

alienate the property before completion of that period.

8. In the judgments dated 21.11.2022 and 31.05.2022 in

the respective writ petition Nos.21054 of 2022 and 10068 of 2022

pointed out by the petitioner, only the issuance of patta was

delayed due to some administrative reasons. In those cases, no

fresh orders of assignment were issued at the time of issuing the

patta. In such circumstances, the learned Single Judge took the

date of assignment as the starting point of 12 years mentioned in

the order of assignment. But in the instant case, we notice that as

per the counter affidavit filed by the 4th respondent, the petitioner

did not pay the land value as directed in Ext.P1 order of

assignment. Later, on the basis of an application filed by the

petitioner, the land value was refixed and a fresh order of

WP(C)No.39784 of 2024 2025:KER:19349

assignment on registry was passed on 16.02.2018 and patta was

issued to the petitioner based on that order. The amount to be

paid by the petitioner as land value, survey charges and

demarcation charges is ordered in Ext.P2 order of assignment. A

condition preventing alienation of property for a period for 12

years is also incorporated in Ext.P2. In such circumstances, the

period of 12 years restraining alienation can be counted only from

16.02.2018.

Having considered the pleadings and materials on record and

the submissions made at the Bar, we find that the petitioner is not

entitled to the reliefs sought in the writ petition since the period

restraining alienation of property assigned to him is not

completed.

In the result, the writ petition stands dismissed.

sd/-

ANIL K.NARENDRAN, JUDGE

Sd/-

                                MURALEE KRISHNA S., JUDGE
sks

WP(C)No.39784 of 2024                               2025:KER:19349

                    APPENDIX OF WP(C) 39784/2024

PETITIONER EXHIBITS

Exhibit P1              TRUE COPY OF THE ORDER OF ASSIGNMENT OF
                        REGISTRY IN FORM NO.5 DATED 03.11.1996

Exhibit P2              TRUE COPY OF THE ORDER OF ASSIGNMENT ON
                        REGISTRY IN FORM NO.5 DATED NIL BY THE 2ND
                        RESPONDENT

Exhibit P3              TRUE COPY OF THE PATTA ISSUED BY THE 4TH
                        RESPONDENT DATED 16.02.2018

Exhibit P4              TRUE COPY OF THE LAND TAX RECEIPT DATED
                        13.04.2021 OF MANKULAM VILLAGE OFFICE

Exhibit P5              TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
                        COURT IN W.P.(C) NO. 21054/2022 DATED
                        21.11.2022

Exhibit P6              TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
                        COURT IN W.P.(C) NO. 10068/2022 DATED
                        31.05.2022