Kerala High Court
Marykutty Abraham vs State Of Kerala on 26 May, 2025
WP(C) NO. 45267 OF 2024 1 2025:KER:36294
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 26TH DAY OF MAY 2025 / 5TH JYAISHTA, 1947
WP(C) NO. 45267 OF 2024
AGAINST THE ORDER/JUDGMENT IN WP(C) NO.29580 OF 2024 OF HIGH
COURT OF KERALA
PETITIONER:
MARYKUTTY ABRAHAM
AGED 90 YEARS
W/O K.J.ABRAHAM, KALATHIPARAMBIL HOUSE, ALAPPATTU CROSS
ROAD, RAVIPURAM, KANAYANNUR TALUK, ERNAKULAM DISTRICT,
PIN - 682015
BY ADVS.
M.P.MADHAVANKUTTY
MATHEW DEVASSI
ANANTHAKRISHNAN A. KARTHA
SREETHU SATHYAN
ANGEL GYLES LIKE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
PIN - 695036
2 SECRETARY TO GOVERNMENT
REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 SECRETARY TO GOVERNMENT
FOREST DEPARTMENT, GOVERNMENT SECRETARIAT,
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THIRUVANANTHAPURAM, PIN - 695001
4 DISTRICT COLLECTOR
CIVIL STATION, PALAKKAD, PIN - 678001
5 TAHSILDAR
TALUK OFFICE, CHITTUR P.O, PALAKKAD, PIN - 678101
6 TAHSILDAR(LR)
TALUK OFFICE, CHITTUR P.O, PALAKKAD, PIN - 678101
7 TALUK HEAD SURVEYOR
TALUK OFFICE, CHITTUR, PALAKKAD DISTRICT, PIN - 678101
8 VILLAGE OFFICER
VILLAGE OFFICE, NELLIYAMPATHY, CHITTUR TALUK, PALAKKAD
DISTRICT, PIN - 678508
9 DIVISIONAL FOREST OFFICER
OFFICE OF THE DIVISIONAL FOREST OFFICER, NENMARA
DIVISION, NENMARA, PALAKKAD, PIN - 678505
10 FOREST RANGE OFFICER
OFFICE OF THE FOREST RANGE OFFICER, NELLIYAMPATHY
RANGE, NENMARA, PALAKKAD, PIN - 678508
BY ADVS.
PUBLIC PROSECUTOR
NAGARAJ NARAYANAN
T.P SAJAN - SPL GP (FOREST)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.05.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 45267 OF 2024 3 2025:KER:36294
JUDGMENT
Ext.P13 order of the District Collector is under
challenge at the instance of the petitioner herein.
Petitioner sought for issuance of patta in respect of
0.05 cents of land in resurvey No.39/1 of Nelliyampathy
Village. Patta was sought to be issued under the Kerala
Land Assignment Act (Regularization of Occupation of
Forests Lands Prior to 1/1/1977) Special Rules, 1993
(Special Rules, 1993- for short). Petitioner's
application was rejected vide Ext.P13, after a joint
inspection conducted by the Revenue as well as Forest
Officials, finding that the subject property is a
reserve forest, and the petitioner failed to adduce
evidence to show his possession over the same, prior to
1/1/1977.
2.Learned counsel for the petitioner invited the
attention of this Court to various documents which
would indicate his predecessor's possession over the
subject property. The 1st document in point of time is
WP(C) NO. 45267 OF 2024 4 2025:KER:36294
Ext.P3, which is sale deed of the year 1967 executed by
one Natarajan in favour of one Philomina. The subject
property is the one described in Schedule 2 to Ext.P3.
Philomina, who got title as per Ext.P3, sold the same
to K.J.Sebastian, vide Ext.P2. It is from the said
K.J.Sebastian that the petitioner, Marykutty Abraham
purchased the subject property vide Ext.P1.
3. Secondly, it was argued that Ext.P6, which is
issued by the Tahsildar (Land Reforms) to the District
Collector contains the details of - (i) persons in
whose favour patta had been issued, (ii) in whose
favour patta cannot be issued and (iii) in whose
cases, the matter requires reconsideration. The subject
property belongs to the third category which requires
reconsideration. In Ext.P6, the petitioner's immediate
predecessor Sebastian's name occurs at Sl.No.7,
wherein the extent shown correctly matches with the
extent shown in Exts.P1 and P2 documents.
4. Again, learned Counsel for the petitioner invited
the attention of this Court to Annexure R9(c), which
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contains the details of the properties, in respect of
which patta is not liable to be issued. There, Sl.no.4
is Sebastian, petitioner's predecessor. The extent is
0.0280 and reasons stated for non issuance of patta is
that the property has been sold out. It is the
petitioner's contention that the sale of the property
will not disentitle the benefit under the Special
Rules, 1993. According to the petitioner, Rule 5 of the
said Rules specifically provides the same, which is
stipulates that the land can either be possessed by the
assignee or by any of his predecessors. On such
premise, the petitioner contends that Ext.P13 is bad in
law.
5. Per-contra, learned Special Government Pleader
(Forest) argued to sustain Exts.P12 and P13 documents.
It was reiterated that the property in question is a
reserved forest.
6. Having heard the learned counsel appearing for
the respective parties, this Court finds considerable
force in submission made by the learned counsel for the
WP(C) NO. 45267 OF 2024 6 2025:KER:36294
petitioner, as is decipherable from the title deeds
produced at Exts.P1 and P2 and also from Ext.P6. There
is clear indication that the petitioner's predecessors
were in possession of the property prior to 1/1/1977.
The same is the case with respect to Annexure R9(c).
Ext.P5 is a mahazar, which is prepared by the
Tahsildar, indicating that the subject property has
been in the hands of the petitioner's predecessor
Sebastian for the past 25 years. When Ext.P5 is dated
12/11/1991, 25 years prior to the same would certainly
cover the cut off date of 1/1/1977.
7. In the light of the above referred facts and
circumstances, Ext.P13 cannot be sustained, and the
same is set aside. There will be a direction to the 4 th
respondent-District Collector to consider the matter
afresh in the light of Exts.P1 to P3 documents, Ext.P5
mahazar, Ext.P6 proceedings and also Annexure R9(c).
The fresh consideration directed shall be undertaken
within a period three months from the date of receipt
of a copy of this judgment. It will be open for the
WP(C) NO. 45267 OF 2024 7 2025:KER:36294
petitioner to produce a copy of this judgment before 4th
respondent for compliance. Needless to say, that the
petitioner will be afforded an opportunity of being
heard before taking a final call in his application for
issuance of patta in respect of the subject property
having been extent of 0.05 cents in resurvey No.39/1 of
Nelliyampathy Village.
This WP(c) is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
ska
WP(C) NO. 45267 OF 2024 8 2025:KER:36294
APPENDIX OF WP(C) 45267/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE TITLE DEED BEARING
NO.2687/I/1994 DATED 23/5/1994 EXECUTED BY
K.J.SEBASTIAN IN FAVOUR OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE TITLE DEED BEARING
NO.9/1985 DATED 1/1/1985 EXECUTED BY
PHILOMINA IN FAVOUR OF K.J.SEBASTIAN
Exhibit P3 A TRUE COPY OF THE TITLE DEED NO.22/1967
DATED 10/1/1967 EXECUTED BY CHETTIYAR IN
FAVOUR OF PHILOMINA
Exhibit P4 A TRUE COPY OF THE PERFORMA FOR JOINT
VERIFICATION DATED 30/12/1991 ISSUED BY THE
PUBLIC INFORMATION OFFICER, TALUK OFFICE,
CHITTUR UNDER THE RIGHT TO INFORMATION ACT
Exhibit P5 A TRUE COPY OF THE MAHAZAR DATED 12/11/1991
ISSUED BY THE PUBLIC INFORMATION OFFICER,
TALUK OFFICE, CHITTUR UNDER THE RIGHT TO
INFORMATION ACT
Exhibit P6 A TRUE COPY OF THE REPORT ISSUED BY THE 6TH
RESPONDENT TO THE 4TH RESPONDENT DATED
13/10/2017
Exhibit P7 A TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.3300/2018 DATED 27/3/2024 OF THIS HON'BLE
COURT
Exhibit P8 A TRUE COPY OF THE REPORT DATED 25/01/2019
ISSUED BY THE 6TH RESPONDENT TO THE 4TH
RESPONDENT DATED 25/01/2019
Exhibit P9 A TRUE COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER DATED 11/02/2019
WP(C) NO. 45267 OF 2024 9 2025:KER:36294
Exhibit P10 A TRUE COPY OF THE COMMUNICATION ISSUED BY
THE 4TH RESPONDENT TO THE 6TH RESPONDENT
DATED 14/7/2023
Exhibit P11 A TRUE COPY OF THE REPORT ISSUED BASED ON THE
JOINT VERIFICATION DATED 25/1/2024
Exhibit P12 A TRUE COPY OF THE REPORT ISSUED BY THE 7TH
RESPONDENT TO THE 6TH RESPONDENT DATED
19/8/2023
Exhibit P13 A TRUE COPY OF THE ORDER ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER DATED 8/7/2024
RESPONDENT ANNEXURES
AnnexureR9(a) The representation dated 10.10.2017
AnnexureR9(c) True copy of the list submitted by the
RFO,Nelliyampathy dated 06.12.22
AnnexureR9(b) True copy of the judgment dated 27.3.18 in
WP(C)3300/2018
AnnexureR9(d) A true copy of the judgment dated 25.01.2024
in Bijimon K.R. v.State of Kerala andOrs
PETITIONER EXHIBITS
Exhibit P14 True copy of the document bearing No.
449/1952 executed by Nadarajan Chettiyar in
favour of Philomina
Exhibit P15 True copy of the Google map of the location
