Joseph Mathew and Others v. District Collector, Idukki District; Sub Registrar, Peerumed; Tahsildar, Peerumede; Village Officer, Vagamon Village

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **FRIDAY, THE 18TH DAY OF JANUARY 2019 / 28TH POUSHA, 1940** ## **WP(C).No. 1529 of 2019** ## **PETITIONERS:** - **1 JOSEPH MATHEW, AGED 78 YEARS, S/O M.M. JOSEPH (LATE), RESIDING AT MANNARKKATTU HOUSE, PALA, KOTTAYAM DISTRICT-686 575.** - **2 JOSEPH MATHEW (JR), AGED 53 YEARS, S/O SHRI. JOSEPH MATHEW, RESIDING AT MANNARKKATTU HOUSE, PALA, KOTTAYAM DISTRICT-686 575.** - **3 SIBY MATHEW, AGED 52 YEARS, S/O SHRI. JOSEPH MATHEW, RESIDING AT MANNARKKATTU HOUSE, PALA, KOTTAYAM DISTRICT-686 575.** **(THE PETITIONERS ARE PARTNERS OF M/S. VAGAMON TEA ESTATE, VAGAMAN P.O., IDUKKI DISTRICT-685 503)** **BY ADVS. SRI.TPM.IBRAHIM KHAN (SR.) SMT.P.J.RAZIA BEEVI** ## **RESPONDENTS:** - **1 THE DISTRICT COLLECTOR, IDUKKI DISTRICT, COLLECTORATE, PAINAVU P.O., KAYILIMALA, IDUKKI DISTRICT-685 603.** - **2 THE SUB REGISTRAR PEERUMEDE, OFFICE OF THE SUB REGISTRAR, PEERUMEDU-685 531.** - **3 THE TAHSILDAR PEERUMED TALUK, PEERMADE-685 331.** - **4 THE VILLAGE OFFICER VAGAMAON VILLAGE, VAGAMON P.O., IDUKKI DISTRICT-685 503.** ## **SRI.SAIGI JACOB PALATTY, SR.GOVT.PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## ALEXANDER THOMAS, J. --------------------------------- ## W.P.(C)No.1529 of 2019 --------------------------------- Dated this the 18[th] day of January, 2019 ## J U D G M E N T The prayers in the above Writ Petition (Civil) are as follows:" - _i. To call for the records relating to Exhibits P-1, P-2 and P-5 orders and issue a writ of certiorari or any other appropriate writ, direction or order quashing Exhibit P- 1 and P-5 orders issued by the first respondent, being arbitrary, illegal and against the directions of this Honourable Court in Exhibit P-3, P-4 and P-6 judgments and in other connected cases;_ - _ii. To issue a declaration that the petitioners are eligible and entitled to alienate their property for their personal purpose subject to the conditions stipulated by this Honourable Court in various Judgments and the second Respondent is bound to register the documents and sale deeds presented by the transferees and they are also entitled to get their property transferred by mutations;_ - _iii. To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case. "_ 2. Heard Sri.T.P.M.Ibrahim Khan, learned Senior counsel instructed by Smt.P.J.Razia beevi, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents. 3. The case of the petitioners is that though they intend to sell properties in their title and possession to prospective purchasers for lawful consideration, the instructions issued by the 1[st] respondent as per impugned Exts.P-1 & P-2 are standing in the way of registering authority concerned, registering such sale deeds W.P.(C).No.1529/2019 **==> picture [19 x 9] intentionally omitted <==** premise on the basis of which interdictions have been ordered in Exts.P-1 & P-2 is that the lands in question had secured exemption under Sec. 81E of the Kerala Land Reforms Act being plantations and such lands cannot be fragmented and sold as it would result in use of the land for the purpose other than the said exempted purpose and that therefore, action is liable to be taken for such conversion for a non exempted purpose, etc. 4. The issue is no longer _res integra_ and is covered by a series of judgments of this Court more particularly the one rendered by this Court in _**R.V.Devassia & another v. Sub Registrar & Others (2015 (1) KLT 825)**_ (a copy of which has been produced as Ext.P-4) wherein it has been held that there will be no legal bar for transferring the exempted land and that aspect of the land in question is an exempted land under Sec. 87(1)(e) of the Kerala Land Reforms Act, 1964 and is being used for non exempted purpose, etc, then the competent authorities can initiate action in terms of Sec.87 of the Kerala Land Reforms Act, 1964 etc and certain specific directions has also been issued by this Court in paragraph 14 of the said judgment which reads as follows:- _“ 14. In view of the above, these Writ Petitions are disposed with the_ W.P.(C).No.1529/2019 ..4.. ## _following directions;_ - _i. There shall be a direction to the Revenue Officials to effect mutation in respect of the properties obtained by the purchasers based on valid title._ - _ii. If any of the properties are found to be converted before or after the purchase, the Revenue Officials are free to bring it to the notice of the Taluk Land Board or the appropriate Authorities to include the property in the account of the holder of land at the time of exemption for the purpose of ceiling._ - _iii. The registering authority shall not insist for no-objection certificate for the reason that the land is exempted land for the purpose of registration._ - _iv. The transfer of exempted land as a whole or in part can be acted upon for the purpose of registration or effecting mutation._ - _v. In the light of the directions above, the Registering Authority and Revenue Officials are directed to do the needful in these matters to register the document and effect mutation within a period of four weeks from date of receipt of a copy of this Judgment. No costs.”_ The said view has been followed in a series of other cases as can be seen from various judgments produced herein as Exts.P-3 & P-6 etc. 5. In Ext.P-3 judgment dated 1.4.2015 in WP(C).No.8174/2015, this Court had specifically ordered that for registering the sale deed in such cases, the registering authority shall not insist no objection certificate on the ground that the land is exempted land for the purpose of registration under Sec.81(1)(e) of the Kerala Land Reforms Act and that transfer of exempted land as a whole or in part can be acted upon for the purpose of registration or effecting mutation etc. But that the properties are W.P.(C).No.1529/2019 **==> picture [18 x 9] intentionally omitted <==** found to be converted before or after the purchase, the competent revenue officials concerned are free to bring it to the notice of the Taluk Land Board or appropriate authorities concerned to include the property in the account of the holder of the land at the time of exemption for the purpose of sealing. Ext.-P-3 judgment rendered by this Court in WP(C).No.8174 of 2015 dated 1.4.2015 reads as follows. _“The petitioner has approached this Court with the following prayers:_ - _i. issue a writ of certiorari or any other appropriate writ or direction calling for the records resulting in Exhibit P1 letter, scrutinize and quash the same;_ _ii. Pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice; and iii. Allow this Writ Petition with costs”_ _The learned counsel for the petitioner places reliance on the decision rendered by this Court in_ _**Devassia v. Sub Registrar** (2015 (1) KLT 825) and seeks to extend similar benefit to the petitioner as well._ _2. Heard the learned Government Pleader as well._ _3. After hearing both the sides, this Court finds that the petitioner is also entitled to have similar reliefs. The operative portion of the above verdict reads as follows:_ - _“14. In view of the above, these writ petitions are disposed with the following directions”_ - _i. There shall be a direction to the Revenue Officials to effect mutation in respect of the properties obtained by the purchasers based on valid title._ - _ii. If any of the properties are found to be converted before or after the purchase, the Revenue Officials are free to bring it to the notice of the Taluk Land Board or the appropriate Authorities to include the property in the account of the holder of land at the time of exemption for the purpose of ceiling._ - _iii. The registering authority shall not insist for noobjection certificate for the reason that the land is exempted land for the purpose of registration._ W.P.(C).No.1529/2019 ..6.. - _iv. The transfer of exempted land as a whole or in part can be acted upon for the purpose of registration or effecting mutation._ - _v. In the light of the directions above, the Registering Authority and Revenue Officials are directed to do the needful in these matters to register the document and effect mutation within a period of four weeks from date of receipt of a copy of this judgment. No costs.”_ _The writ petition is disposed of in similar lines granting similar benefit to the petitioner herein as well. The petitioner shall produce a copy of the judgment along with a copy of the writ petition before the concerned respondent for further steps.”_ 6. Accordingly in the light of the directions issued by this Court it is ordered and declared that the registering officers cannot justify their instructions issued as in Exts.P-1 & P-2 for interdicting the registration of sale deeds of such lands merely on the ground that land is exempted under provisions of Sec.81(1)(e) of the Kerala Land Reforms Act. Accordingly it is ordered that as and when the petitioners present the sale deed in respect of the properties concerned, the registering authority shall not insist for production of no objection certificate from the revenue authorities concerned for the purpose of registration on ground that the land is exempted land under Sec.81(1)(e) of the Kerala Land Reforms Act and further that the transfer of extent of land as a whole or in part can be acted upon for the purpose of registration or even for W.P.(C).No.1529/2019 **==> picture [18 x 9] intentionally omitted <==** effecting mutation thereafter. Accordingly the registering authority and the revenue officials concerned are directed to do the needful in these matters to register the document and to effect mutation without any further delay, but subject to the abovesaid directions issued by this Court in judgments as in _**Devassia's**_ case supra, etc. After the registration of the sale deeds, the purchase of the properties may also approach the competent revenue officials concerned for mutation of said properties which will also be considered and acted upon by the competent revenue officials concerned as directed in the abovesaid judgments and the mere fact that the land is exempted under Sec. 81(1) of the Kerala Land Reforms Act cannot be the basis for refusing the consideration of grant of mutation, etc. With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of. Sd/- ALEXANDER THOMAS, JUDGE MMG ..8.. W.P.(C).No.1529/2019 ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **A TRUE COPY OF THE ORDER WITH FILE NO.DCIDK/4424/2018-CS DATED 12.12.2018 ISSUED BY THE DEPUTY COLLECTOR ON BEHALF OF THE FIRST RESPONDENT.** **EXHIBIT P2** **A TRUE COPY OF THE LETTER NO.C511949/09 DATED 12.2.2015 ISSUED BY THE FIRST RESPONDENT ADDRESSED TO THE SECOND RESPONDENT.** - **EXHIBIT P3 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 1.4.2015 IN WRIT PETITION (CIVIL) NO.8174 OF 2015.** - **EXHIBIT P4 A TRUE COY OF THE JUDGEMENT OF THIS HONOURABLE COURT IN WRIT PETITION (CIVIL) NO.31477 OF 2011.** **EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 15.12.2018 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENTSUB REGISTRAR, PEERUMED.** **EXHIBIT P6 A TRUE COPY OF THE JUDGEMENT OF THIS HONOURABLE COURT DATED 27.7.2018 IN WRIT PETITION (CIVIL) NO.23389 OF 2018.**