High Court of KeralaSingle JudgeWrit Petition allowed

Ponnuswami v. State of Kerala & Others

Case / Petition Number:WP(C) No. 23503 of 2020

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Kunhikrishnan
Judgment Date
2021-06-30
Court Decision / Holding
Exts. P5 and P7 are quashed. The 3rd respondent is directed to take up the original Ext.P2 and register the conveyance as per Ext.P2, without insisting on a No Objection Certificate from the District Collector under Section 4 of the Act and also untrammeled by Section 23 of the Act, if otherwise in order. The petition is allowed and the Registrar shall effect registration subject to other requirements under the Registration Act and Rules.
Final Disposition
Writ Petition allowed

Parties to the Case

Appellants / Petitioners

  • Ponnuswami, aged 42 years, S/O Sukumaran, Laxmi Vilasam, Gonjiyur, Sholayur (P.O), Sholayur Village, Mannarkkad Taluk, Palakkad-678581

Respondents

  • State of Kerala represented by its Secretary, Revenue Department, Government Secretariat, Thiruvananthapuram-695001
  • The District Registrar (General), Office of the District Registrar, Palakkad-678001
  • The Sub Registrar of Agali, Office of the Sub Registrar, Agali P.O., Palakkad-678581

Legal Representation & Advocates

Counsels for Petitioners

  • • U.BALAGANGADHARAN

Counsels for Respondents

  • • Smt. Sheeja.C.S., GP

Case Synopsis & Summary

The petitioner, a member of the Scheduled Tribe, owns 4 cents of land with a residential house in Sholayur, Palakkad. He obtained title under Ext. P1 and sought to register conveyance via Ext. P2. The Sub Registrar refused registration, directing the petitioner to obtain a No Objection Certificate (NOC) from the competent authority under Section 4 of the Kerala Restriction on Transfer by and Restoration of Lands to Schedule Tribes Act, 1999. The petitioner challenged the Registrar’s action (Ext. P5) and the appellate order (Ext. P7) under Section 72 of the Registration Act, arguing that the land is not “agricultural land” as defined in the Act, and hence Section 4 has no application. The State contends the land is part of a larger tract and allowing sale would subserve a broader policy to regulate transfers of tribal land, while noting that the Registrar merely required NOC rather than rejecting registration. The Court analyzes the statute: Section 4 restricts transfers by a member of a Scheduled Tribe of land “possessed, enjoyed or owned” post-Act, with land defined in Section 2(b) as agricultural land. It notes Ext P3 (fair value) identifies the land type as “residential plot,” and that the land in question does not fall within agricultural land. Relying on Aneesh v. Sub Registrar Officer and Fathima Shirin, the Court holds the statute unambiguous and must be read plainly. The petition is allowed. Exts. P5 and P7 are quashed, and the Registrar is directed to register Ext. P1/Ext. P2 conveyance without requiring an NOC under Section 4, subject to other Registration Act requirements.

Provisions of Law Cited

Section 4 of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999Section 2(b) of the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999Section 72 of the Registration Act, 1908Section 23 of the Registration Act, 1908Kerala Stamp (Fixation of Fair Value of Land) Rules, 1995, Rule 28A

Legal Doctrines & Maxims

  • When the statute is quite unambiguous, it has to be read as it is, and nothing else can be read into the provision.
  • S.2B says that 'land' means any 'agricultural land'—no other meaning can be attributed.
  • Plain reading of unambiguous statutory text must be adopted.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the property described in Ext.P1 is not agricultural land but a residential plot in which he resides. Section 4 of the Act defines restrictions on transfer of land to non-tribal persons and, as defined, applies only to agricultural land under Section 2(b). Since Ext.P1 land is not agricultural, Section 4 cannot be invoked. The petitioner relies on Aneesh v. Sub Registrar Officer (2015(2) KLT 755) to establish that the land in question cannot be treated as agricultural land for purposes of transfer restrictions.

Contentions of Respondents

The State argues that the land is part of a larger property and that allowing transfer would undermine the Act’s purposes. The Registrar’s insistence on an NOC under Section 4 is aligned with the statutory scheme to regulate transfers of tribal lands; the decision to require NOC is a valid administrative step to ensure compliance with the Act, and quashing registration could undermine the broader intent to control transfer of tribal land.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Aneesh v. Sub Registrar Officer2015(2) KLT 755PositiveThe court there held that when Section 2B defines 'land' as 'agricultural land,' no other meaning can be attributed, supporting the interpretation that the land in question must be agricultural for Section 4 to apply, which aligns with the present court's reasoning.
Fathima Shirin v. Joint Regional Transport Officer, Kayamkulam and Others2013(3) KHC 714PositiveCited to support the view that statutory definitions should be read plainly and that the unambiguous language governs interpretation, reinforcing the applicant’s position on the definition of 'land' under the Act.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **WEDNESDAY, THE 30[TH] DAY OF JUNE 2021 / 9TH ASHADHA, 1943** ## **WP(C) NO. 23503 OF 2020** ## **PETITIONER/S:** PONNUSWAMI AGED 42 YEARS S/O.SUKUMARAN, LAXMI VILASAM, GONJIYUR, SHOLAYUR (P.O), SHOLAYUR VILLAGE, MANNARKKAD TALUK, PALAKKAD-678581. BY ADV U.BALAGANGADHARAN ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT REGISTRAR (GENERAL), OFFICE OF THE DISTRICT REGISTRAR, PALAKKAD-678001. 3 THE SUB REGISTRAR OF AGALI, OFFICE OF THE SUB REGISTRAR, AGALI P.O., PALAKKAD678581. ## **OTHER PRESENT:** SMT.SHEEJA.C.S., GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Case No. WP(C) NO. 23503 OF 2020 ## **P V KUNHIKRISHNAN, J.** - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -- - - - - - - - - WP(C) NO. 23503 OF 2020 - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - Dated this the 30[th] day of June, 2021 ## **JUDGMENT** The petitioner is a member of Scheduled Tribe Community and he is in possession of 4 cents of landed property with a residential house therein. Ext.P1 is the document by which the petitioner obtained the property. He purchased the property as per Ext.P1 document on 17.8.2016. The description of the property in Ext.P1 is shown as ' _കരഭമ�_ '. The petitioner wants to sell the above property and he prepared Ext.P2 document and submitted before the Registrar concerned for registering the document. As per Ext.P5, the Registrar was not inclined to register the document and informed the petitioner that he should obtain a 'No Objection Certificate' from the competent authority under Section 4 of the Kerala Restriction on Transfer by and Restoration of Lands to Case No. WP(C) NO. 23503 OF 2020 -3- Scheduled Tribes Act, 1999 (for short 'the Act'). The petitioner challenged Ext.P5 order before the appellate authority under Section 72 of the Registration Act. The same was also dismissed, as per Ext.P7. Hence, this Writ Petition is filed challenging Exts.P5 and P7. 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. The learned counsel for the petitioner submitted that the property covered by Ext.P1 is not an agricultural land. According to him, it is a residential plot, in which he is residing. The counsel submitted that Section 4 of the Act has no application in this case, because the land mentioned in Section 4 of the Act is defined as per Section 2(b) of the Act, as 'agricultural land'. The submission of the petitioner is that at no stretch of imagination, it can be said that the property covered by Ext.P1 is an agricultural land. The counsel also relied the judgment of this Court in Aneesh v. Sub Registrar Officer [2015(2) KLT 755]. Case No. WP(C) NO. 23503 OF 2020 -4- 4. The learned Government Pleader opposed the prayers in the Writ Petition. The learned Government Pleader submitted that the property of the petitioner is part of a large extent of property. The learned Government Pleader further submitted that if this Court allows the prayers in this Writ Petition, other adjacent land owners will also try to sell the property and it will be against the intention of the above Act. The learned Government Pleader further submitted that the Registrar has not rejected the registration but only directed the petitioner to get No Objection Certificate from the authorities mentioned in Section 4 of the Act. ## 5. For a proper decision of the above issue, Section 4 of the Act is extracted hereunder:- ## “4. **Restriction on transfer.** - Notwithstanding anything to the contrary contained in any other law, or in any contract, custom or usage, or in any judgment, decree, or order of any court, any transfer effected by a member of the Scheduled Case No. WP(C) NO. 23503 OF 2020 -5- Tribe, of land possessed, enjoyed or owned by him on or after the commencement of this Act, to a person other than a member of a Scheduled Tribe, without the previous consent in writing of the competent authority, shall be invalid.” 6. As per Section 4 of the Act, Notwithstanding anything to the contrary contained in any other law, or in any contract, custom or usage, or in any judgment, decree, or order of any court, any transfer effected by a member of the Scheduled Tribe, of land possessed, enjoyed or owned by him on or after the commencement of this Act, to a person other than a member of a Scheduled Tribe, without the previous consent in writing of the competent authority, shall be invalid. 7. The land mentioned in Section 4 of the Act is defined in Section 2(b) of the Act. As per Section 2(b) of Case No. WP(C) NO. 23503 OF 2020 -6- the Act, the 'land' means any agricultural land. Admittedly, the petitioner is in possession of only 4 cents of land. A residential house is also there. Ext.P3 is the schedule of fair value, which is downloaded by the petitioner from the official website of the Registration Department. In that also, the land type is mentioned as 'residential plot with NH/PWD road access'. In the light of the above facts, it is clear that the land of the petitioner will not come within the definition of Section 2(b) of the Act. If that is the case, according to me, Exts.P5 and P7 will not stand. Moreover, this Court also considered this point in detail in Aneesh v. Sub Registrar Officer [2015(2) KLT 755]. The relevant portion of the above judgment is extracted hereunder:- “6. After hearing both the sides, this Court finds that the decision cited on behalf of the respondents does not come to the rescue of the Case No. WP(C) NO. 23503 OF 2020 -7- respondents in any manner to arrive at a finding detrimental to the rights and interest of the petitioner herein. In so far as the concerned Statute clearly says, while imposing the restriction of transfer, defining the term 'land', it has to be read and understood to be given effect to as plainly as under the Statute. It is settled law, that when the Statue is quite unambiguous, it has to be read as it is, and nothing else can be read into the provision. When S.2B says that 'land' means any 'agricultural land' no other meaning can be attributed to the said term. This Court also finds support from the decision rendered by the Division Bench of this Court reported in 2013 (3) KHC 714 - Fathima Shirin v. Joint Regional Transport Officer, Kayamkulam and Others. 7. In the above circumstance, this court does find that the petitioner is entitled to succeed. Ext. P6 is set aside and there will be a direction to the 1[st] respondent to register the original of Ext. P1 document with regard to the conveyance sought to be effected by the 1st petitioner in the name of the 2[nd] petitioner pursuant to Ext. P2 agreement as and when the same is presented, subject to satisfaction of other Case No. WP(C) NO. 23503 OF 2020 -8- requirements in accordance with the provisions of the Registration Act / Rules. Writ Petition stands allowed. No costs.” In the light of the above principle, according to me, the stand of the respondents is unsustainable. Consequently, Exts.P5 and P7 will not stand. Therefore, this Writ Petition is allowed in the following manner:- (i) Exts.P5 and P7 are quashed. (ii) The 3[rd] respondent is directed to take up the original of Ext.P2 and register the same immediately without insisting No Objection Certificate from the District Collector under Section 4 of the Act and also untrammeled by Section 23 of the Act, if it is otherwise in order. sd **P V KUNHIKRISHNAN, JUDGE** . dl/ Case No. WP(C) NO. 23503 OF 2020 -9- ## **APPENDIX OF WP(C) 23503/2020** PETITIONER ANNEXURE EXHIBIT P1 A TRUE COPY OF THE DOCUMENT NO.946/2016 DATED 17.08.2016 OF THE SRO, AGALI. EXHIBIT P2 A TRUE COPY OF THE DULY EXECUTED DOCUMENT DATED 16.03.2020. EXHIBIT P3 A TRUE COPY OF THE DOWNLOADED VERSION OF THE RELEVANT PAGE SHOWING THE FAIR VALUE AND THE TYPE OF LAND UNDER SECTION 28A OF THE KERALA STAMP (FIXATION OF FAIR VALUE OF LAND) RULES, 1995. - EXHIBIT P4 A TRUE COPY OF THE PAYMENT RECEIPT DATED 16.03.2020 TO VOUCH THE PAYMENT OF REGISTRATION FEE. - EXHIBIT P5 A TRUE COPY OF THE MEMO REFUSING TO REGISTER EXHIBIT P2 DOCUMENT DATED 17.03.2020. - EXHIBIT P6 A TRUE COPY OF THE APPEAL DATED 29.05.2020 UNDER SECTION 72 OF THE REGISTRATION ACT, 1908 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT. - EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 02.07.2020 OF THE SECOND RESPONDENT.