Petitioners challenged the 25-year alienation restriction in their patta as violating the amended Rule 8(1A). The Court read Condition 3 in consonance with the amended rule and disposed of the petition without specifying a separate order or relief.
Condition No.3 in Ext.P1 patta must be read with Rule 8(1A) of the Rules as amended.
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 MURALI PURUSHOTHAMAN
TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945
WP(C) NO. 16322 OF 2023
PETITIONERS:
1 GLADWIN P.A., AGED 55 YEARS S/O. P.D. ANTONY, PAYYAPILLY HOUSE, VADUTHALA, KOCHI 682 023.
2 LITTY, AGED 50 YEARS W/O. GLADWIN, PAYYAPILLY HOUSE, VADUTHALA, KOCHI 682 023
BY ADVS. K.R.VINOD M.S.LETHA NABIL KHADER CHITHRA C.EDADAN
RESPONDENTS:
1 THE TAHSILDAR
KANAYANNUR TALUK, OFFICE OF THE TAHSILDAR, PARK AVENUE ROAD, KOCHI 682 011.
2 THE DISTRICT COLLECTOR
OFFICE OF THE DISTRICT COLLECTOR, COLLECTORATE, CIVIL STATION, KAKKAND, KOCHI 682 030. R BY SR.GP ADV.BIMAL K.NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16322 OF 2023 : 2 :
JUDGMENT
The petitioners are aggrieved by condition No.3 in
Ext.P1 patta, whereby there is a restriction of alienation of the property for a period of 25 years. The learned counsel for the petitioners submits that, in view of the amendment to Rule 8(1A) of the Kerala Land Assignment Rules, 1964 (hereinafter referred to as the 'Rules' for short), the restriction as regards the alienation of the property can only be 12 years from the date of assignment of the registry.
in consonance with Rule 8(1A) of the Rules as amended by G.O(P) No.60/2017/RD dated 17.08.2017.
With the above direction, the writ petition is disposed
of.
Sd/MURALI PURUSHOTHAMAN JUDGE
SB
WP(C) NO. 16322 OF 2023 : 3 :
APPENDIX
PETITIONER EXHIBITS
Exhibit P1 THE COPY OF THE PATTA BEARING NO.8629 DATED 08.11.2011 ISSUED BY THE 1 ST RESPONDENT
Exhibit P2 THE COPY OF THE ORDER OF THE 1ST RESPONDENT FOR ISSUING PATTA IN FAVOUR OF THE PETITIONERS DATED 12.09.2011
Exhibit P3 THE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE 1 ST RESPONDENT DATED 20.03.2023
1 issue framed by the court
Whether the restriction on alienation in the patta exceeding 12 years violates Rule 8(1A) of the Kerala Land Assignment Rules as amended.
2 provisions across 1 enactments
GLADWIN P.A.
LITTY
THE TAHSILDAR
THE DISTRICT COLLECTOR
MURALI PURUSHOTHAMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
