Petitioners challenged non-issuance of pattas despite having orders of assignment under the Kerala Land Assignment Act. The Court directed the Special Tahsildar to conduct an enquiry and issue pattas within six months.
Respondents directed to conduct further enquiry and issue pallas to the rightful claimants within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933
WP(C).No. 2698 of 2005(U)
---------------------------------PETITIONERS : -
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1. ROSY, AGED 54, W/O. THOMAS, PANAYAMKADAN HOUSE, PANAMCHERY, THRISSUR DISTRICT.
2. KOCHITTY W/O. MULLAPARAMBIL KUTTAPPAN, PUTHUR VILLAGE - DESOM, THRISSUR TALUK.
3. GOURI D/O. KOCHUNNY, PULLANIKKAL HOUSE, PUTHUR VILLAGE - DESOM, THRISSUR TALUK.
4. RAMAN S/O. KANNAMPILLY RAMAN, PUTHANKAD DESOM, THRISSUR TALUK.
5. NARAYANAN NAIR, PUTHUR VILLAGE - DESOM, THIRUSSUR TALUK.
6. SARA, W/O NERAPPATH THOMAN MATHAI, THAMPURATTYMOOLA, KAINOOR VILLAGE, DESOM, THRISSUR TALUK.
7. JANAKI, W/O. P.A.VELAYUDHAN, PANAMKOOTTATHIL HOUSE, P.O.VETTUKAD, THRISSUR DISTRICT.
BY ADV. SRI.G.SREEKUMAR (CHELUR)
RESPONDENTS : -
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1. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT, CHEMBUKAVU), THRISSUR.
2. THE DISTRICT COLLECTOR, HAVING OFFICE AT COLLECTORATE, AYYANTHOLE, THRISSUR.
3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNEMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
R1 TO R3 BY GOVERNMENT PLEADER SRI. JOSEPH GEORGE
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 2698 of 2005(U)
APPENDIX
PETITIONERS' EXHIBITS:
RESPONDENTS' EXHIBITS: NIL.
TRUE COPY
P.A. TO JUDGE
DMR/-
ANTONY DOMINIC, J.
W.P.(C) No. 2698 of 2005 U
Dated this the 17th day of November, 2011
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~ ~
This writ petition is filed by 7 persons, who say that orders of assignment on registry under the Kerala Land Assignment Act, 1960 were passed in their favour about 30 years back. However, consequential orders for issuance of patta have not been passed and that led them to approach this Court.
“7. It is submitted that there was several similar cases in respect of NRF (Non rivertable forest) lands in Thrissur, Thalappilly and Mukundapuram Taluk in Thrissur District. The land assign procedures in respect of these lands were
W.P.(C) No.2698/2005
: 2 :
processed in the office of the Special Tahsildar, Land Assignment, Thrissur. In O.P.No.5914/86 the Hon'ble High Court of Kerala stayed all the land assignment procedure. This OP was dismissed by the Hon'ble Court on 3.12.93. Enquiry also reveals that a ban order was issued by the Board of Revenue against the issue of pattas in these lands during that periods.
Further procedure can be taken to issue pattas only to the petitioners who are presently occupied in these lands. Hence the W.P.(C) is devoid of any merit and the same is liable to be dismissed with cost.”
W.P.(C) No.2698/2005
: 3 :
months from the date of production of a copy of this judgment.
Writ petition is disposed of as above.
Sd/- (ANTONY DOMINIC, JUDGE)
aks/17/11
// True Copy //
P.A. To Judge
2 issues framed by the court
Whether the first respondent must conduct further enquiry and issue consequential orders and pattas to the petitioners who have orders of assignment on registry.
Whether limitation is a bar given the nearly 30-year delay in issuing pattas despite previous assignment orders.
ROSY AND OTHERS
THE SPECIAL TAHSILDAR
THE DISTRICT COLLECTOR
THE STATE OF KERALA
ANTONY DOMINIC
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
