High Court of KeralaSingle Judge2025-04-07Writ petitions allowed; reliefs granted; 3rd/4t...

Biju Joseph & Bismi v. State of Kerala & Others (WP(C) Nos. 23098/2023 and 23071/2023)

Case / Petition Number:WP(C) Nos. 23098 and 23071 of 2023

Neutral Citation:2025:KER:30117

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Harisankar V. Menon
Judgment Date: 2025-04-07
Court Decision / Holding: Writ petitions allowed; the 3rd/4th respondents are directed to act in accordance with law on any further document-based transfers to third parties.
Final Disposition: Writ petitions allowed; reliefs granted; 3rd/4th respondents to act in accordance with law on transfers to third parties.

Parties to the Case

Appellants / Petitioners

Biju Joseph
Bismi

Respondents

State of Kerala represented by Secretary, Registration Department Secretariat, Trivandrum, PIN – 682031
District Registrar, O/O District Registrar, Civil Station, Palakkad District, PIN – 678001
Sub Registrar, Agali Sub Registrar Office, Agali, Palakkad District, PIN – 678581
Tahasildar, Attappadi Tribal Taluk, Attappadi, Agali, Palakkad District, PIN – 678581
The Village Officer, Kallamala Village Office, Kallamala, Palakkad, PIN – 678582

Legal Representation & Advocates

Counsels for Petitioners

• Varghese C. Kuriaakoose
• Susanth Shaji
• Amritha J.
• Albin A. Joseph
• Vipin C. Varghese
• Jishnu A. L.
• Kuruvilla Mathew

Counsels for Respondents

• E. G. Gordon (Sr GP)

Case Synopsis & Summary

These writ petitions challenge the non-registration or transfer of lands claimed by the petitioners, who say they came into possession of various extents under Ext.P1 sale deeds dated 15.02.2017 and earlier documents tracing title to a 1970 Certificate of Purchase, with the lands originally belonging to a Scheduled Tribe person. Their predecessor reportedly obtained possession under orders of a Land Tribunal. The petitioners state they had extended credit facilities and, after identifying a purchaser, sought registration for transfer to a third party; however, the 2nd and 3rd respondents are alleged to have not acted. They filed Ext.P4 representations seeking registration to enable transfer to a third party and pointed to tax receipts and acknowledgments. They argue that Section 5 and 7 of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999 should be applied only if prerequisites are met; they rely on precedents that Section 7 is warranted only when Section 5 applies and that the Act cannot be invoked in the absence of 5 and 7. The court notes admissions that the petitioners are not beyond ceiling limits and that no restraining orders exist, and cites Kunjiraman Nambiar, Prakashan and Shaju to reinforce that 5 and 7 must apply. Resultantly, the petitions are allowed; if documents are presented for transfer to a third party, the 3rd/4th respondents must act in accordance with law.

Provisions of Law Cited

Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999Section 5Section 7

Submissions & Arguments

Contentions of Appellants / Petitioners

Petitioners contend they came into possession of various extents under Ext.P1 sale deed (No.170/2017 of SRO Agali, dated 15.02.2017) and through earlier documents tracing title back to a 1970 Certificate of Purchase, with the land originally belonging to a Scheduled Tribe person. Their predecessor is said to have acquired possession under Land Tribunal orders. They faced financial facilities from banks and required registration to transfer to a third party; Ext.P4 represented their request to the 3rd respondent and acknowledgments by multiple respondents were relied upon. They submit that Sections 5 and 7 of the 1999 Act should operate only where applicable, and that there is no ceiling violation or restraining order preventing transfers. Relying on precedent, they argue that if 5/7 are not applicable, the Act cannot be invoked and relief should be granted against improper inaction.

Contentions of Respondents

Respondents contend that the properties fall under the Kerala Act and are governed by Sections 5 and 7, which restrict transfer and restoration. They argue that mere documentary title cannot override the Act and relief should be granted only when prerequisites of 5 and 7 are satisfied. They refer to the 24.01.2024 affidavit indicating petitioners are not within ceiling limits and there is no restraining order, urging adherence to statutory protections and proper application of the Act.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Kunjiraman Nambiar and Others v. State of Kerala and Others	2018 (4) KHC 257	Positive	Establishes that action under Section 7 is warranted only if Section 5 applies; applied to require 5 and 7 to be applicable before invoking the Act.
Prakashan v. Damodaran and Others	2013 (2) KLJ 150	Positive	Held that the statute cannot be invoked unless Sections 5 and 7 are applicable; cited to reinforce the need for 5/7 applicability.
Shaju v. State of Kerala	2024 (5) KLT 699	Positive	Affirms that without applicability of Sections 5 and 7, the Act cannot be invoked; cited to support the same principle.

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Extracted Judgment Text

Exact text extracted from official judgment records.

``` 2025:KER:30117 ``` **==> picture [58 x 57] intentionally omitted <==** # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** # **`THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON`** # **`MONDAY, THE 7[TH] DAY OF APRIL 2025 / 17TH CHAITHRA, 1947`** # **`WP(C) NO. 23098 OF 2023`** ## **`PETITIONER:`** ``` BIJU JOSEPH, AGED 52 YEARS, S/O JOSEPH, KUNNATHUMATTATHIL HOUSE, KOTTOPADAM NO.3 VILLAGE, MANNARKAD TALUK, PALAKKAD DISTRICT, PIN – 678583. ``` ## **`BY ADV VARGHESE C.KURIAKOSE`** ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY SECRETARY, REGISTRATION DEPARTMENT SECRETARIAT, TRIVANDRUM, PIN – 682031.`** - **`2 THE DISTRICT REGISTRAR O/O DISTRICT REGISTRAR, CIVIL STATION, PALAKKAD DISTRICT, PIN – 678001.`** - **`3 THE SUB REGISTRAR, AGALI SUB REGISTRAR OFFICE, AGALI, PALAKKAD DISTRICT, PIN - 678581`** ``` 4TAHASILDAR ATTAPPADI TRIBAL TALUK, ATTAPPADI, AGALI, PALAKKAD DISTRICT, PIN – 678581. ``` - **`5 THE VILLAGE OFFICER KALLAMALA VILLAGE OFFICE, KALLAMALA, PALAKKAD, PIN – 678582.`** **==> picture [58 x 57] intentionally omitted <==** WP(C) Nos.23098 and 23071 of 2023 2 `2025:KER:30117` ## **`OTHER PRESENT`** ``` BY ADV.SRI.E.G.GORDEN, SR GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).23071/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos.23098 and 23071 of 2023 3 `2025:KER:30117` **==> picture [58 x 57] intentionally omitted <==** ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON ``` ``` MONDAY, THE 7[TH] DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 ``` ``` WP(C) NO. 23071 OF 2023 ``` ## **`PETITIONER:`** ``` BISMI, AGED 49 YEARS, W/O BIJU JOSEPH, KUNNATHUMATTATHIL HOUSE, KOTTOPADAM NO.3 VILLAGE, MANNARKAD TALUK, PALAKKAD DISTRICT, PIN – 678583. ``` ``` BY ADVS. VARGHESE C.KURIAKOSE SUSANTH SHAJI AMRITHA.J ALBIN A. JOSEPH VIPIN C. VARGHESE JISHNU A.L. KURUVILLA MATHEW ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA, REPRESENTED BY SECRETARY, REGISTRATION DEPARTMENT SECRETARIAT, TRIVANDRUM, PIN – 695001.`** - **`2 THE DISTRICT REGISTRAR, O/O DISTRICT REGISTRAR, CIVIL STATION, PALAKKAD DISTRICT, PIN – 678001.`** - **`3 THE SUB REGISTRAR, AGALI SUB REGISTRAR OFFICE, AGALI, PIN – 678581.`** WP(C) Nos.23098 and 23071 of 2023 4 `2025:KER:30117` **==> picture [58 x 57] intentionally omitted <==** ``` 4TAHASILDAR, ATTAPPADI TRIBAL TALUK, ATTAPPADI, AGALI, PALAKKAD DISTRICT, PIN – 678581. ``` ``` 5THE VILLAGE OFFICER KALLAMALA VILLAGE OFFICE, KALLAMALA, PIN – 678582. ``` ## **`OTHER PRESENT`** ``` BY ADV.SRI.E.G.GORDEN, SR GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.04.2025, ALONG WITH WP(C).23098/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) Nos.23098 and 23071 of 2023 5 `2025:KER:30117` **==> picture [58 x 57] intentionally omitted <==** ## **JUDGMENT** ## **[WP(C) Nos.23098 and 23071 of 2023]** The petitioners in these writ petitions states that they came into possession of various extents of properties pursuant to Ext.P1 sale deeds executed during 2017. They further contend that their predecessor-in-interest came into possession of the properties with reference to various documents executed during 1982 and the property was infact originally owned by a Scheduled Tribe person on the basis of a document of the year 1970 – Certificate of Purchase, pursuant to orders issued by the Land Tribunal. 2. The petitioners point out that they had obtained some credit facilities from various Banks and ultimately for clearing the arreas payable to the bank in question, the properties requried to be sold. They further point out that after identifying a purchasor, when the property was proposed to be sold by producing a document for registration, the same is not being acted upon by the 2[nd] and 3[rd] respondents herein. **==> picture [58 x 57] intentionally omitted <==** WP(C) Nos.23098 and 23071 of 2023 6 `2025:KER:30117` 3. It is in such circumstances that the captioned writ petitions have been filed by the petitioners herien, after submitting Ext.P4 representation before the 3[rd] respondent pointing about the requirement for getting the document registered as above. 4. I have heard Sri.Varghese C.Kuriakose, the learned counsel for the petitioners and Sri.E.G.Gorden, the learned senior Government Pleader. 5. This Court notices that the petitioners have filed the captioned writ petitions, as stated earlier, only pointing out that the documents are not being acted upon by the 2[nd] and 3[rd] respondents herein. In the statement filed by the 3[rd] respondent, dated 24.01.2024, this Court notices that they have admitted that the petitioner herein is not holding any extent in excess of the ceiling limit and that the property is not subject matter of any restraining order from any authority. On the basis of the afore, the petitioners, are primafacie entitled for the reliefs as prayed for by them. 6. At the same time, this Court notices that in the statement filed as above, the authorities have made **==> picture [58 x 57] intentionally omitted <==** WP(C) Nos.23098 and 23071 of 2023 7 `2025:KER:30117` reference to the provisions of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, to contend that the properties in question are hit by the provisions of Section 5 thereto and the petitioners may not be entitled for the reliefs as prayed for in this writ petition. 7. However, with reference to the afore, this Court notices that a learned Single Judge of this Court in **Kunjiraman Nambiar and Others v. State of Kerala and Others [2018 (4) KHC 257]** has already found that action under the provisions of Section 7 of the statute is warranted only if a member of the Scheduled Tribe, seeks restoration of the properties in the manner mentioned under the provisions of Section 5 of the Act. This Court further notices that in **Prakashan v. Damodaran and Others [2013 (2) KLJ 150]** as well as in **Shaju v. State of Kerala [2024 (5) KLT 699]** , it has been already held that unless and until the provisions of Sections 5 and 7 are found applicable, there is no manner in which the provisions of the statute can be made applicable. WP(C) Nos.23098 and 23071 of 2023 8 `2025:KER:30117` **==> picture [58 x 57] intentionally omitted <==** 8. In the light of the afore, I am of the opinion that the stand taken in the statement dated 24.01.2024 referred to above does not deserve to be accepted. Resultantly, these writ petitions would stand ordered by holding that if the petitioners are presenting any documents with respect to the properties covered with Ext.P1 sale deed for further transfer to a 3[rd] party, it is for the respondents 3 / 4 to act in accordance with law. **Sd/-** **HARISANKAR V. MENON JUDGE** ANA **==> picture [58 x 57] intentionally omitted <==** WP(C) Nos.23098 and 23071 of 2023 9 `2025:KER:30117` ## **`APPENDIX OF WP(C) 23071/2023`** ## **`PETITIONER EXHIBITS`** - **`Exhibit P1`** ``` TRUE PHOTOSTAT COPY OF THE SALE DEED NO.170/2017 OF SRO AGALI. DATED 15.02.2017 ``` - **`Exhibit P2`** ``` TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.97/2010 SRO AGALI DATED 29.04.2023 ``` ``` Exhibit P3TRUE COPY OF THE BASIC TAX RECEIPT DATED 13.06.2023 ISSUED BY R3 ``` - **`Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 27.06.2023 TO THE 3RD RESPONDENT.`** - **`Exhibit P5 TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ON 01.07.2023`** - **`Exhibit P6 TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 01.07.2023`** - **`Exhibit P7 TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD SIGNED BY THE 4TH RESPONDENT ON 01.07.2023`** ``` Exhibit P8TRUE PHOTOSTAT COPY OF ACKNOWLEDGMENT CARD SIGNED BY THE 5TH RESPONDENT ON 03.07.2023 ``` WP(C) Nos.23098 and 23071 of 2023 10 `2025:KER:30117` **==> picture [58 x 57] intentionally omitted <==** ## **`APPENDIX OF WP(C) 23098/2023`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE PHOTOSTAT COPY OF THE SALE DEED NO.171/2017 OF SRO AGALI DATED 15.02.2017 ``` ``` Exhibit P2TRUE PHOTOSTAT COPY OF THE DOCUMENT NO.97/2010 SRO AGALI DATED 14.01.2010 ``` ``` Exhibit P3TRUE PHOTOSTAT COPY OF THE BASIC TAX RECIEPT DATED 13.06.2023 ``` - **`Exhibit P4 TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 27.06.2023 TO THE 3RD RESPONDENT`** - **`Exhibit P5 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 2ND RESPONDENT ON 01.07.2023`** - **`Exhibit P6 TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 3RD RESPONDENT ON 01.07.2023`** ``` Exhibit P7TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 4TH RESPONDENT ON 01.07.2023 ``` ``` Exhibit P8TRUE PHOTOSTAT COPY OF THE ACKNOWLEDGMENT CARD SIGNED BY THE 5TH RESPONDENT ON 03.07.2023 ```