The High Court of Kerala dismissed a writ petition filed by a petitioner seeking mutation of land purchased from a vendor whose land ceiling case was pending. The court recorded a memo stating the petition was not pressed, leaving legal contentions open.
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 ANIL K.NARENDRAN
WEDNESDAY, THE 04TH DAY OF NOVEMBER 2020 / 13TH KARTHIKA, 1942
WP(C).No.16383 OF 2019(W)
PETITIONER/S:
DEEPA THANKAPPAN,AGED 42 YEARS W/O. ANIL T. V., THARANILATHU (HOUSE), ADIMALY P. O., IDUKKI DISTRICT - 685561
BY ADV. SRI.JOBY JOSEPH
RESPONDENT/S:
1 TAHASILDAR TALUK OFFICE, IDUKKI - 685603
2 VILLAGE OFFICER VILLAGE OFFICE, KANJIYAR, IDUKKI DISTRICT - 685603
R1-2 BY GOVERNMENT PLEADER
OTHER PRESENT:
GP - SMT. P.AMMINIKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner, who purchased 1 Hectare 79 Ares 20 Sq.Mts in Re.Sy.No.119/1 BL-67 as per sale deed No.1084/2019; 9 Hectare 99 Ares in Re.Sy.No. 139 BL-65 as per sale deed No.1085/2019; 2 Hectare 9 Ares 50 Sq.Mts in Re.Sy.No.117 BL-67 as per sale deed No.1086/2019; 2 Hectare 37 Ares in Re.Sy.No.138/4 BL-65 as per sale deed No.1087/2019; 75 Ares in Re.Sy.No.143/9 BL-65 as per sale deed No.1088/2019 and 23 Sq.mts in Re.Sy.No.128/2 BL-65 as per sale deed No.1089/2019 from one Mr.T.T.Jose, S/o.Thomas, Managing Director, MAS Enterprises, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of mandamus commanding respondents to effect mutation of the properties covered by Exts.P1 to P6 sale deeds in the name of the petitioner as requested in Exts.P7 to P12 applications, and receive tax for the above said properties.
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learned Government Pleader took notice for respondents.
opposing the reliefs sought for in this writ petition. Paragraphs 8 and 9 of the said statement read thus:
“8. All the averment raised by the petitioner in Para 3 & 4 are denied. On verification of Pokku Varavu application and the connected revenue records, it is revealed that the Taluk Land Board had initiated a case against the Vendor T.T.Jose, Managing Director, Mass Enterprises Private Limited as per Kerala Land Reforms Act 1963. The same was set aside by the Taluk Land Board as per the proceedings No.17307/19, dated 05.02.2015. But the State Land Board appointed Tahsildar (LR), Udumbanchola as an enquiry officer as per the order No.LB (E9) 4744/02, dated 17.07.2017 and the Tahsildar (LR) has submitted detailed report the State Land Board as per H3-1111/2018 dated 26.03.2018. There is no further orders received from the State Land Board and the case is still pending for orders. In the above circumstances, 2nd respondent Village Officer, Kanchiyar, submitted a report in the matter with regards to the application for mutation and other relevant records before this respondent for providing proper direction.
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petition cannot be entertained by this Hon'ble Court. Since the ownership of the petitioner as claimed in the documents are to be decided by the competent authority as per Rules. The land ceiling case is pending before the State Land Board for final adjudication. Further a detailed further enquiry in this matter are also to be initiated at the higher level based on the report of the Tahsildar, Udumbanchola. The question of selling an estate land having large extent of land into the piece by piece to a private single individual person is permissible or not are the legal issues before the concerned authority. The ownership and title of the Vendor in respect of about 523.78 Acre of land in Idukki Taluk is also to be examined. The above land is under his possession and enjoyment based on the proceedings of the Taluk Land Board, but that order has been set aside by the State Land Board. Therefore, the right of the Vendor in respect of the large extent of property is under the consideration of the competent authority. Under the above circumstances the land purchased by the petitioner from the above said T.T. Jose is illegal and liable to be cancelled. Therefore the contentions of the petitioner in the above writ petition is devoid of any merit and same is liable to be dismissed with cost.”
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consideration, the learned counsel for the petitioner would point out that the petitioner has filed a memo to dismiss this writ petition as not pressed.
In such circumstances, recording the aroresaid memo dated 11.08.2020, this writ petition is dismissed as not pressed; leaving open the legal and factual contentions raised by the petitioner.
Sd/ANIL K.NARENDRAN JUDGE
das
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SALE DEED NO.1084/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P2 TRUE COPY OF THE SALE DEED NO.1085/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P3 TRUE COPY OF THE SALE DEED NO.1086/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P4 TRUE COPY OF THE SALE DEED NO.1087/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P5 TRUE COPY OF THE SALE DEED NO.1088/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P6 TRUE COPY OF THE SALE DEED NO.1089/2019 DATED 28.03.2019 OF KATTAPANA SRO EXHIBIT P7 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.3/1920
EXHIBIT P8 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.4/1920
EXHIBIT P9 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.5/1920
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EXHIBIT P10 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.6/1020 EXHIBIT P11 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.7/1920 EXHIBIT P12 TRUE COPY OF APPLICATIONS FOR EFFECTING MUTATION BEFORE THE 2ND RESPONDENT NUMBERED AS P. V. NO.8/1920 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 06.02.2015 OF THE TALUK LAND BOARD, UDUMCHOLA
RESPONDENT'S/S EXHIBITS:
ANNEXURE R1(a) TRUE COPY OF THE PROCEEDINGS OF TALUK LAND BOARD, UDUMBANCHOLA DATED 06.02.2015 ANNEXURE R1(b) TRUE COPY OF THE PROCEEDINGS OF STATE LAND BOARD DATED 17.07.2017 ANNEXURE R1(c) TRUE COPYOF THE REPORT SUBMITTED BY THE TAHSILDAR (LR), UDUMBANCHOLA BEFORE THE STATE LAND BOARD
1 issue framed by the court
Whether the writ petition seeking mutation of properties purchased in land ceiling disputed land should be entertained.
Deepa Thankappan
Tahasildar Taluk Office, Idukki
Village Officer Village Office, Kanchiyar, Idukki District
Anil K. Narendran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
