Allowed

P.A. Sai, v. State of Kerala

Kerala HC2 Jun 2022WP(C)/14428/2022

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition seeking a declaration that the petitioner's 2004 sale deed was not vitiated under land assignment restrictions. The court held that due to prior judicial decisions limiting the alienation ban, the deed was valid and the 10-year restriction in the patta was unenforceable against the statutory limit.

What did the court decide?

Writ petition allowed; Ext.P2 registered Sale Deed is declared not vitiated by provisions of Kerala Government Land Assignment Act, 1960.

P.A. Sai, Vs State of Kerala — Land Acquisition | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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THURSDAY, THE 2^ND DAY OF JUNE 2022 / 12TH JYAISHTA, 1944

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WP(C) NO. 14428 OF 2022

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PETITIONER:

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P.A. SAI, AGED 61 YEARS S/O. ABRAHAM, PALAKKUZHIYIL HOUSE, VADAVUKOD P.O., KUNNATHUNADU TALUK, ERNAKULAM, PIN - 682310.

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BY ADVS. T.KABIL CHANDRAN(K/396/2012) R.ANJALI

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RESPONDENTS:

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

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2 THE DISTRICT COLLECTOR, ERNAKULAM DISTRICT, COLLECTORATE, KAKKANAD, ERNAKULAM, PIN - 682 030.

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3 THE TAHSILDAR, KANAYANNUR TALUK OFFICE, PARK AVENUE ROAD, KOCHI, PIN - 682011.

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4 THE VILLAGE OFFICER, KAKKANAD VILLAGE OFFICE, THRIKKAKARA, KAKKANAD, PIN – 682030.

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SMT.DEEPA.V- GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14428 OF 2022

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JUDGMENT

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The petitioner is the owner in possession of 1.42 Ares of property, situated in Old Sy.No.341/1 and Re Sy.No.7/98/9-2 of Kakkanadu Village. He obtained the property as per Ext.P2 Sale Deed dated 02.11.2004 from one Mr. P.R.Joseph, to whom the property had originally belonged on the basis of Ext.P1 Patta. Ext.P1 Patta is of the year 1997. As per Rule 8(1A) of the Kerala Land Assignment Rules, the assignees are prohibited from alienating the assigned land for a period of 3 years from the date of registry.

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According to the petitioner, the original assignee was entitled to alienate the land after 28.01.2000, by which time the 3 year period expired. There were amendments to the Land Assignment Rules regarding the period during which alienation has been prohibited. The issue is settled as per decision in Bhaskaran P.R. v. State of Kerala 2010(2) KLT 908, wherein this Court held that the amendments have only prospective effect from 24.01.2009 and will only regulate

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WP(C) NO. 14428 OF 2022

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Pattas issued on or after 24.01.2009.

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In the above circumstances, the petitioner submits that Ext.P2 Sale Deed which is dated 02.11.2004 is well

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beyond the period during which there is a prohibition for alienation. The prayer in the writ petition is for a declaration that Ext.P2 Sale Deed, is not vitiated by any of the provisions contained in the Kerala Government Land Assignment Act, 1960 and the Rules framed. Such a declaration is sought for, since the petitioner intends to sell the property and the condition in Ext.P1 that the property should not be alienated for a period of 10 years is likely to affect the proposal to sell.

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In the decision in Joby Mathew v. State of Kerala

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and others reported in 2019 (1) KHC 276 this Court has held that the Patta issued cannot stipulate any condition than what is stipulated in the Act and the Rules. As such the stipulation contained in Ext.P1 that there cannot be an alienation for 10 years cannot prevail in the view of the fact that Rule provides for restriction of alienation only for 5 years. The petitioner since is entitled to the relief prayed for.

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WP(C) NO. 14428 OF 2022

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In the result the writ petition is allowed. It is declared that Ext.P2 registered Sale Deed No.3376 of 2004 of S.R.O, Thrikakkara dated 02.11.2004 executed by Mr.P.R. Joseph in favour of the petitioner on the basis of Ext.P1 Patta, is not vitiated by any of the provisions contained in Kerala Government Land Assignment Act, 1960.

Sd/-

T.R.RAVI

JUDGE

mpm

WP(C) NO. 14428 OF 2022

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APPENDIX OF WP(C) 14428/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF PATTA NO.2097/97 ISSUED BY THE TAHSILDAR, KANAYANNUR TALUK DATED 28.1.97.
Exhibit P2	A TRUE COPY OF SALE DEED NO. 3376 OF 2004 OF THRIKAKKARA S.R.O.
Exhibit P3	A TRUE COPY OF THE TAX RECEIPT DATED 04.04.22 FOR THE YEAR 2022-2023.
Exhibit P4	A TRUE COPY OF THE POSSESSION CERTIFICATE DATED 18.10.2021 ISSUED BY VILLAGE OFFICER, KAKKANAD
Exhibit P5	A TRUE COPY OF THE JUDGMENT DATED 31.01.2019 IN WPC 30781/2018 PASSED BY THIS HONOURABLE COURT.
Exhibit P6	A TRUE COPY OF THE AGREEMENT FOR SALE DATED 25.10.2021.

P.A. Sai, v. State of Kerala

Case brief

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P.A. Sai, v. State of Kerala

Case brief

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