Arun Thomas Varghese S/O K.K. Varghese v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- Murali Purushothaman
- Judgment Date
- 2023-11-27
- Court Decision / Holding
- The writ petition is disposed of with directions: the petitioner must approach the Assistant Director, Forest Mini Survey (13th respondent) for demarcation of the property described in Ext.P3, with all relevant documents. The 13th respondent shall complete demarcation within five months; after demarcation, the Divisional Forest Officer shall issue an NOC within one month. Upon receipt of the NOC, the petitioner shall file an application for mutation before the Tahsildar (LR), who shall complete the transfer of registry within one month from that date. Based on the NOC, the petitioner may approach the Village Officer for mutation. The Sub Registrar shall not insist on ROR in light of the Court’s dictum in Sainudeen v. State of Kerala and Jacob P.C. v. Village Officer. The Judgment disposes the writ petition accordingly, with the above steps outlined for mutation and demarcation.
- Final Disposition
- Writ petition disposed of with directions for demarcation, NOC issuance, and mutation steps as outlined; Sub Registrar not to insist on ROR per Sainudeen and Jacob P.C. standards.
Parties to the Case
Appellants / Petitioners
- ARUN THOMAS VARGHESE
- N.C.JOHN
Respondents
- State of Kerala
- Secretary, Department of Revenue, Secretariat, Thiruvananthapuram-695001
- The Secretary, Department of Forest and Wildlife, Thiruvananthapuram-695001
- The Sub Registrar, Vadakkencherry, Alathur, Palakkad District-678683
- The Land Revenue Commissioner, Thiruvananthapuram-695001
- The District Collector, Palakkad-678001
- The Divisional Forest Officer, Nenmara, Palakkad-678508
- The Tahsildar, Alathur, Palakkad-678541 (corrected as Tahsildar (LR))
- The Village Officer, Kizakkenchery-II Village, Alathur Taluk
- SILVEY D/O THATTIL SEBASTIAN, Kadapparayil in Kizhakkencherry AMSOM, Alathur Taluk, Palakkad-678541
- ANTONY S/O THATTIL SEBASTIAN, Kadapparayil in Kizhakkencherry AMSOM, Alathur Taluk, Palakkad-678541
- JOSE S/O CHEMBOTTIL DEVASSY, Kadapparayil in Kizhakkencherry AMSOM, Alathur Taluk, Palakkad-678541
- JOSE S/O THATTIL SEBASTIAN, Talur Desom, Thrissur Village, Mukundapuram Taluk-678541
- ASSISTANT DIRECTOR, FOREST MINI SURVEY, ARAKKINAR, MATHOTTAM, KOZHIKODE (Addl.R13 Suo Motu Impleaded as per Judgment dated 27.11.2023)
Legal Representation & Advocates
Counsels for Petitioners
- • SRI.P.R.VENKATESH
- • SRI.G.KEERTHIVAS
Counsels for Respondents
- • SRI.P.B.KRISHNAN
- • SRI.P.M.NEELAKANDAN
- • SRI.S.NITHIN ANCHAL
- • SRI.SABU GEORGE
- • SRI.P.B.SUBRAMANYAN
- • SRI.SAJAN
Case Synopsis & Summary
The petition concerns a property dispute in which the petitioner Arun Thomas Varghese (along with N.C. John) sought mutation of land described in Sy.No.1/1A of Kizhakkencherry-II Village, Alathur Taluk, Palakkad, acquired through a sale agreement with respondents 9–12. Despite prior decrees and directions by the Sub Court, Palakkad, for execution and registration in the petitioner’s favour, mutation was not effected because the 7th respondent Tahsildar refused to act until a forest land demarcation was carried out to confirm that Ext.P3-covered property does not include forest land. The petitioner approached the Kerala High Court seeking a remedy. The court heard submissions and, on instructions, noted that mutation could be considered if the petitioner filed an application before the Assistant Director, Forest Mini Survey, Kozhikode, for demarcation with all pertinent documents. The court suo motu impleaded the Assistant Director as the 13th respondent and directed a delineated process: demarcation to be completed by the 13th respondent within five months; upon demarcation, the Divisional Forest Officer to issue an NOC within one month; then the petitioner to file for mutation before the Tahsildar (LR), who must complete registry transfer within one month of the mutation application; after NOC, the petitioner may approach the Village Officer for mutation. The court also clarified that the Sub Registrar shall not insist on ROR, relying on Sainudeen v. State of Kerala (2013) (1) KHC 437 and Jacob P.C. v. Village Officer (2020) (4) KLT 271. The writ petition is disposed of with these directions.
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants, led by counsel for the petitioner, contended for early mutation of the subject property, asserting a valid sale agreement with respondents 9–12 and relying on prior decrees directing registry in the petitioner’s favour. They argued that forest land demarcation should not unduly stall mutation and sought timely mutation, registration, and transfer of rights, contending that any forest land issue could be resolved through appropriate NOC procedures and demarcation, without denying the title transfer sought by mutation.
Contentions of Respondents
The respondents contended that mutation requires verification of land status, particularly whether forest land is involved. The Tahsildar initially refused mutation due to the necessity of demarcation by forest authorities. It was argued that the Forest Department must determine if any forest land is included within Ext.P3, and that mutation should proceed only after the demarcation and issuance of an NOC by the Forest Mini Survey and Divisional Forest Officer, followed by mutation before the Tahsildar. They also relied on existing forest land demarcation protocols and the need to safeguard forest lands from inadvertent transfer.
Cited Precedents (4)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Sainudeen v. State of Kerala | 2013 (1) KHC 437 | Positive | Cited to support not insisting on ROR and to underpin the mutation process in consideration of forest land demarcation. |
| Jacob P.C. v. Village Officer | 2020 (4) KLT 271 | Positive | Cited for the principle that mutation can be ordered with appropriate demarcation and that ROR may not be a mandatory precondition. |
| :null, | 2013 (1) KLT 221 | Mentioned Only | Exhibit P6 refers to a judgment reported in 2013 (1) KLT 221; case name not stated; cited as reference material. |
| :null, | SLP(C) NO. 830/2002 | Mentioned Only | Exhibit P2 references a Supreme Court judgment (SLP(C) 830/2002); case name not provided in the excerpt. |
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