The petitioner challenged an eviction order under the Kerala Land Conservancy Act regarding encroached Government land. The court held that the sale deed did not confer title to Government land and, based on the survey report finding an encroachment of 2.50 Acres, the eviction was upheld.
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 A.MUHAMED MUSTAQUE
THURSDAY, THE 25TH DAY OF FEBRUARY 2016/6TH PHALGUNA, 1937
OP.No. 17526 of 2002 (J)
PETITIONER :
M.K.THANKACHAN VADAKKEDATH HOUSE OPPO: GOVT. HOSPITAL, PATHANAMTHITTA P.O. PATHANAMTHITTA.
BY ADVS.SRI.P.GOPALAKRISHNAN NAIR SRI.LIJU V. STEPHEN
RESPONDENT(S) :
1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM
2. DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS, COLLECTORATE, PATHANAMTHITTA.
3. DIRECTOR OF SURVEY AND LAND RECORDS, THIRUVANANTHAPURAM.
4. DISTRICT COLLECTOR, PATHANAMTHITTA.
5. GEORGE JOSEPH, VAYALIRAKKATHU, ANGADICKAL SOUTH, (VIA) KODUMON, PATHANAMTHITTA.
*ADDL. R6 & R7 IMPLEADED
-----------------------------------------
*ADDL.R6. THE GOVERNMENT SECRETARY TO REVENUE DEPARTMENT OF STATE OF KERALA.
*IS IMPLEADED AS PER CMA NO. 60710/2002 ORDER DATED 5.4.2004.
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OP.No. 17526 of 2002 (J) -2-
**ADDL.R7. YOHANNAN GEORGE AGED 64 YEARS, S/O. LATE. YOHANNAN CHARIVAPURAYIDATHIL, NEAR M.T.H.S., T.B. ROAD, PATHANAMTHITTA. IS IMPLEADED AS PER ORDER DATED 6.10.2004 IN IA NO. 6212/2004. R1 TO R4 & ADDL.R6 BY GOVT. PLEADER SRI. M.R. ARUNKUMAR R5 BY ADV. SRI.V.PHILIP MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
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OP.No. 17526 of 2002 (J)
APPENDIX
PETITIONER'S EXHIBITS :
| EXT.P1 | : TRUE COPY OF THE SALE DEED NO. 114/98 DATED 14.1.1998 OF THE SUB REGISTRAR'S OFFICE, KONNI. |
|---|---|
| EXT.P2 | TRUE COPY OF THE SALE DEED NO. 115/98 DATED 14.1.1998 OF THE SUB REGISTRAR'S OFFICE, KONNI. |
| EXT.P3 | TRUE COPY OF THE ORDER NO. 144/98-99/4270/M4/98 DATED 1.6.98. |
|---|---|
| EXT.P4 | TRUE COPY OF THE LETTER DATED 28.9.99 FROM THE DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS AS PER LETTER NO. 83.25009/98 DATED 5.12.98. |
| EXT.P5 | TRUE COPY OF THE ORDER IN IA NO. 843/2000 IN OS.NO. 151/2000 DATED 18.12.2000 OF THE SUBORDINATE JUDGE, PATHANAMTHITTA. |
| EXT.P6 | TRUE COPY OF THE ORDER IN IA NO. 105/01 IN OS NO. 14/01 DATED 20.3.2001 OF THE SUBORDINATE JUDGE, PATHANAMTHITTA. |
| EXT.P7 | TRUE COPY OF THE ORDER G.O.(RT) NO. 508/2002/RD. DATED 30.3.2002. |
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY//
P.A. TO JUDGE
Mn
A. MUHAMED MUSTAQUE, J.
O.P. No. 17526 of 2002
Dated this the 25th day of February, 2016
JUDGMENT
The petitioner filed this writ petition challenging an
order of eviction under the Kerala Land Conservancy Act.
the order of the Government produced as Ext.P7. The
petitioner challenges this order before this Court.
Government land.
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O.P. No. 17526 of 2002
affidavit. In paragraph 5 and 6, it is stated as follows :
“5. All the averments and allegations in para 1 of the WP(C) are devoid of truth and hence denied by the respondent. As already submitted the petitioner has purchased 11.78 Acres of land comprised in Sy. No.540/1/1/485, 485 as per sale deed Nos.114/98 and 115/98 of the SRO, Konni. The T.P. right has been transferred to the petitioner. He has been remitting the basic tax for the land comprised in the following survey numbers of Aruvappulam Village in Kozhencherry Taluk.
| Sy. No. | Exte | nt |
|---|---|---|
| 540/1/485 | 80.97 | Ares |
| 540/1-1-485 | 80.97 | ” |
| 540/1-1-485 | 65.56 | ” |
| 540/1-1-485 | 65.56 | ” |
| 540/1-1-485 | 31.97 | ” |
| 540/1-1-484 | 48.99 | ” |
| 540/1-1-485 | 74.49 | ” |
| 540/1-1-484 | 06.47 | ” |
| 540/1/1 | 21.86 | ” |
Total |
------------- 4.76.84 ======= |
---------------- Hectares ======== |
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O.P. No. 17526 of 2002
5. It is further stated in Paragraph 7 as follows :
“ 7. All the averments and allegations in para 2 and 3 are absolutely false and hence denied by the respondent. A quarrying lease had been issued to the petitioner by the Director of Mining and Geology to quarry building stone (Granite stone) over an area of 02.85 Hectares of land comprised in Sy.No.540/1/1/484-2 of Aruvappulam Village as per order No.144/98-99/4270/M4/98 dated 1.6.1998. The 2nd respondent in his report has stated that the petitioner has encroached about 2.5 Acres of rock
O.P. No. 17526 of 2002 -4-
poramboke in Sy.No.540/1/1 and established permanent boundary pillars and erected fence on the rock poramboke and extracted granite stones from the rock poramboke. The relationship and inimical terms between the petitioner and 5th respondent are irrelevant in this case. As already submitted the 2nd respondent has conducted a detailed enquiry and found out that petitioner has encroached 2.50 Acres of poramboke land comprising in Sy.No.540/1/1.”
encroached upon 2.50 Acres of puramboke land comprised in Survey No.540/1/1 of Aruvappulam Village. It is to be noted that merely because of the transfer of registry was effected based on a deed will not confer a title unless the vendor had a title to the property conveyed to the petitioner. The inclusion of the Government land in the sale deed and the registration thereon, would not result in denying the right of the Government to recover the land.
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O.P. No. 17526 of 2002
The enquiry, in this matter, would clearly indicate that
the orders have been passed after conducting factual verification. It has come out now that the petitioner has encroached upon the Government land. Therefore, the Government is free to evict the petitioner from the encroached area. Accordingly, the writ petition is dismissed. No costs.
Sd/- A. MUHAMED MUSTAQUE JUDGE
bpr
3 issues framed by the court
Whether the petitioner acquired valid title to the Government land included in the sale deed.
Whether the petitioner encroached upon the Government land based on the survey report findings.
Whether the eviction was lawful in view of the encroachment upon Government land.
2 provisions across 1 enactments
M.K.Thankachan Vadakkedath House
State of Kerala represented by the Chief Secretary
A.Muhamed Mustaque
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
