Allowed

Khadeeja. K.P v. State of Kerala

Kerala HC4 Oct 2023WP(C)/18003/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition challenging a prohibition order on property registration. The court held that the petitioner can register and transfer the property despite the general ban, as the State retains the right to initiate proceedings under the Land Reforms Act.

What did the court decide?

Writ petition allowed; Ext.P4 order declared not to bar registration or mutation; Government's rights under Land Reforms Act unaffected.

Khadeeja. K.P Vs State of Kerala — Land Acquisition | Kerala HC (2023)

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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 MURALI PURUSHOTHAMAN

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WEDNESDAY, THE 4TH DAY OF OCTOBER 2023 / 12TH ASWINA, 1945

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WP(C) NO. 18003 OF 2023

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PETITIONER:

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KHADEEJA. K.P AGED 38 YEARS W/O. ABOOBACKER MALJA MANZIL, KURUMATHOOR, THALIPARAMBA TALUK, KANNUR DISTRICT, PIN – 670 142.

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BY ADVS.
M.ANUROOP
MURSHID ALI M.

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, THIRUVANANTHAPURAM, PIN – 695 001.

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2 DISTRICT COLLECTOR COLLECTORATE, KANNUR DISTRICT, PIN – 670 002.

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3 CHAIRMAN TALUK LAND BOARD (MINI CIVIL STATION), COURT ROAD, THALIPARAMBA, KANNUR DISTRICT, PIN – 670 141.

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4 TAHASILDAR THALIPARAMBA, KANNUR DISTRICT, PIN – 670 141.

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5 THE SUB REGISTRAR SUB REGISTRAR OFFICE, THALIPARAMBA, KANNUR DISTRICT, PIN – 670 141.

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6 VILLAGE OFFICER VILLAGE OFFICE KURUMATHUR, THALIPARAMBA, KANNUR DISTRICT, PIN – 670 141.

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SRI. RIYAL DEVASSY - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.10.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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WP(C).No.18003 OF 2023

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JUDGMENT

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The petitioner states that she is in absolute possession and ownership of 12.47 Ares of property comprised in Resurvey Nos.104/112 and 104/106 (Old Survey No.31/1) of Kurumathur amsom Desom in Thaliparamba Taluk. The petitioner obtained title to the said property by virtue of Ext.P1 sale deed. Pursuant to the purchase of the property, the petitioner has been paying tax as evident from Ext.P2 tax receipt. The petitioner now proposes to sell the property. The petitioner apprehends that the 5^th respondent Sub Registrar will not effect registration of sale on the basis of Ext.P4 order passed by the District Collector. Ext.P4 is a general direction issued by the District Collector whereby registration regarding properties comprised in certain survey

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WP(C).No.18003 OF 2023

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numbers of Kurumathur Village is prohibited.

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Accordingly, the petitioner has filed this writ petition for a direction to respondents 4 to 6 to

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exempt the property of the petitioner referred to in Ext.P1 from the ban imposed as per Ext.P4 and to effect registration of sale and mutation of the property.

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Heard the learned counsel for the petitioner

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and the learned Government Pleader.

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This Court in W.P.(C) No.41167 of 2022 has

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held that there cannot be any prohibition to register documents and the right of the State to initiate action is always available, even if a registration is effected. It is not disputed that the facts in this case are almost identical as in the said case.

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In the light of the said judgment and judgments in W.P.(C) No.39711 of 2022 dated 21.12.2022 and W.P.(C) No.5255 of 2023 dated 20.02.2023 produced

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WP(C).No.18003 OF 2023

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by the petitioner in respect of the same survey number (Old Survey No.31/1), this writ petition is allowed. It is declared that Ext.P4 order shall not

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stand in the way of registration of the property or in effecting mutation. However, the right of the Government to initiate steps or to continue steps under the Land Reforms Act shall not, in any way, be affected by this judgment or by the registration or transfer of Registry effected.

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Sd/-

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MURALI PURUSHOTHAMAN JUDGE

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SPR

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WP(C).No.18003 OF 2023

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APPENDIX

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PETITIONER’S EXHIBITS :-

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EXHIBIT P1THE COPY OF THE SALE DEED NO.1136/2023
OF SRO THALIPARAMBA DATED 15-03-2023.
EXHIBIT P2THE TRUE COPY OF THE TAX RECEIPT DATED
01-04-2023.
EXHIBIT P3THE TRUE COPY OF THE ORDER OF THE TALUK
LAND BOARD, THALIPARAMBA DATED 16-11-
2017.
EXHIBIT P4THE TRUE COPY OF THE ORDER OF THE
DISTRICT COLLECTOR DATED 29-07-2021.

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RESPONDENTS EXHIBITS: NIL.

Khadeeja. K.P v. State of Kerala

Case brief

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Khadeeja. K.P v. State of Kerala

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