S. Suresh and others v. State of Kerala and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **MONDAY ,THE 17TH DAY OF SEPTEMBER 2018 / 26TH BHADRA, 1940 WP(C).No. 30481 of 2018** ## **PETITIONER/S:** **1 S. SURESH AGED 47 YEARS, SON OF SHRI SUNDARAM, RESIDING AT SWANTHANAM, KOLLAM PO, KOLLAM DISTRICT 691001** ## **2 J.RAJAN,** **AGED 59 YEARS** **SON OF SHRI JOHN, RESIDING AT AISWARYA, MAPPARTHALA KONATHUKARA, SREEKARYAM P.O., ULLOOR VILLAGE, THIRUVANANTHAPURAM DISTRICT695 017.** **3 B.MADHU** **AGED 47 YEARS** **SON OF SHRI BHASKARAN, UNIT PRESIDENT, KERALA STATE VYAPARI VYAVASAYI EKOPANA SAMITHY, VAGAMON UNIT,VAGAMON P.O., IDUKKI DISTRICT685 503 (RESIDING AT PUTHENPURACKAL HOUSE, VAGAMON P.O., IDUKKI DISTRICT- 685 503).** - **4 S.ANAND, AGED 40 YEARS** **SON OF SWOYAMBULINGAM, ANU BHAVAN, NEW MARKET, VAGAMON P.O., IDUKKI DISTRICT- 685 503.** W.P.(C)No.30481 of 2018 ..2.. **5 S.M.JAHUFFERALI, AGED 65 YEARS SON OF SHRI SHAIKH MUHAMMED, RESIDING AT SALIH MANZIL, VAGAMON P.O., IDUKKI DISTRICT- 685 503.** **6 K.S.AMEER, AGED 53 YEARS SON OF SHRI SAIDU MUHAMMED, RESIDING AT KUNNEL HOUSE, ERATTUPETTA P.O., KOTTAYAM DISTRICT-686 121.** **7 SHEREEF, AGED 45 YEARS SON OF SHRI KOCHUMUHAMMED RESIDING AT VIRIYANAD HOUSE, ARUVITHURA P.O., ERATTUPETTA, KOTTAYAM DISTRICT- 686 122.** **8 PRAKASH GEORGE, AGED 43 YEARS SON OF SHRI GEORGE, RESIDING AT MUTHALAKUZHIYIL HOUSE, THIDANADU P.O., PAKAYAM, KOTTAYAM DISTRICT- 686 123.** **BY ADVS. SRI.TPM. IBRAHIM KHAN (SR) SMT.P.J.RAZIA BEEVI** ## **RESPONDENT/S:** **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001** W.P.(C)No.30481 of 2018 ..3.. - **2 THE TAHSILDAR, PEERUMED TALUK, PEERMADE- 685 531.** - **3 THE VILLAGE OFFICER, VAGAMON VILLAGE, VAGAMON P.O., IDUKKI DISTRICT- 685 503.** - **4 THE ELAPPARA GRAMA PANCHAYAT REPRESENTED BY ITS SECRETARY, PANCHAYAT OFFICE, ELAPPARA P.O., IDUKKI DISTRICT- 685 501.** ## **OTHER PRESENT:** **SRI.M.R.SABU,SR.GOVT.PLEADER FOR R1 TO R3** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** W.P.(C)No.30481 of 2018 ..4.. ## **JUDGMENT** ## **The prayers in this writ petition (civil) are as follows:** _**“(i) To call for the records relating to Exhibits P-l to P-8 (F) and to issue a writ of certiorari or any other appropriate writ, direction or order quashing Exhibit P-8 to P-8 (F) Orders issued by the third Respondent-Village Officer, Vagamon, being arbitrary illegal, discriminatory and tainted with malafides;**_ _**(ii)To issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents 2 and 3 to effect mutation, issue Possession Certificate and Location Sketch of the property purchased by the Petitioners as per their Sale Deeds as sought for by them, forthwith and also forward a copy of such Certificate to fourth RespondentPanchayat as has been directed by this Honourable Court in Exhibit P-9 to P-13 Judgments and to accept the Land Tax from the Petitioners for his property;**_ W.P.(C)No.30481 of 2018 ..5.. _**(iii)To issue a writ of mandamus or any other appropriate writ, direction or order, directing the Respondents 2 and 3 to accept land tax from the Petitioners relating to his property.**_ _**(iv)To issue any other appropriate writ, order or direction to meet out justice under the circumstances of the above case.”**_ **2. Heard Smt.P.J.Razia Beevi, the learned counsel appearing for the petitioners and Sri.M.R.Sabu, the learned Senior Government Pleader appearing for respondents 1 to 3. In the nature of the orders proposed to be passed in this writ petition, notice to the 4[th] respondent Elappara Grama Panchayat, will stand dispensed with.** **3. The petitioners have approached the respondent-Revenue Authorities concerned to effect mutation of their properties, covered by the Registered Sale Deeds as per Exts.P1, P2, P3,** W.P.(C)No.30481 of 2018 ..6.. **P4, P5, P6, P7 of SRO Peerumed and also for issuance of Possession Certificate, Location Sketch and for acceptance of Basic Land Tax in respect of the above said properties. It appears that the respondent-Revenue Authorities concerned had refused to accept the above said pleas of the petitioners on the ground that the lands in question are exempted lands and they have entertained doubts as to whether the lands concerned have been fragmented and is being used for non-exempted purpose.** **4. A Division Bench of this Court, in a case in** _**State Human Rights Protection Centre, Thrissur and another V. State of Kerala and others**_ **reported in** _**[ILR 2009 (3) KER 695 (DB)]**_ **as well as a learned Single Judge of this Court in the judgment in** _**Devassia V. Sub Registrar**_ **reported in** _**[2015 (1) KLT 825]**_ **held that there is no legal** W.P.(C)No.30481 of 2018 ..7.. **bar for transferring the exempted land and that the land in question is an exempted land under Section 81(1) of the Kerala Land Reforms Act, 1964 and is being used for non-exempted purpose, then the competent Statutory Authorities can initiate action in terms of Section 87 of the Kerala Land Reforms Act, 1964. This Court has issued the following directions in paragraph 14 of the above said judgment in Devassia's case (** _**Supra**_ **). Paragraph 14 in page No.830 of the said** **decision is 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**_ W.P.(C)No.30481 of 2018 ..8.. _**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.”**_ **5. The same line of direction has been issued by this Court in a series of other cases as can be seen from Exhibits-P9 to P13 judgments in various writ petitions. Therefore, going by the lines of reasonings and directions issued in the above said judgments rendered by this Court in similar cases, it is ordered that the competent Authority among respondents 2 and 3 will take up** W.P.(C)No.30481 of 2018 ..9.. **the respective applications made by the respective petitioners for grant of mutation for the above said properties covered by the above said registered sale deeds in accordance with the provisions contained in the Transfer of Registry Rules and take necessary action thereon. For facilitating such a remit, it is ordered that the impugned rejection orders as per Exts.P8 to P8(f) series of orders will stand set aside. Necessary orders in this regard shall be rendered by the competent Authority among respondents 2 and 3, without much delay, preferably within a period of six weeks from the date of production of a certified copy of this judgment.** **6. It is made clear that the applications made by the petitioners for the grant of mutation of their properties cannot be rejected on the mere ground that the petitioners' land in** W.P.(C)No.30481 of 2018 ..10.. **question may be an exempted land within the purview of Section 81(1) of the Kerala Land Reforms Act, 1964. After passing orders on the applications for granting mutation, the competent Authority among respondents 2 and 3 will also take the request made by the petitioners for the issuance of Possession Certificate, Location Certificate and also for acceptance of Land Tax in respect of their above said properties and an action in this regard should be duly completed by the said competent respondent within one month thereafter. If the petitioners have not made any formal applications for the grant of issuance of Possession Certificate, Location Sketch, acceptance of Land Tax etc., it is for them to make such applications in the prescribed proforma, if any, before the competent Authorities among respondents 2 and 3 for** W.P.(C)No.30481 of 2018 ..11.. **facilitating compliance in the above said directions. The other directions issued by this Court in paragraph 14 of** _**Devassia's case [2015**_ _**(1) KLT 825]**_ **will be applicable in this case also.** **With these observations and directions, this writ petition (civil) will stand finally disposed of.** **Sd/-** **ALEXANDER THOMAS, JUDGE** **skj** W.P.(C)No.30481 of 2018 ..12.. ## **APPENDIX** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE REGISTERED SALE DEED NO.3240/1/2014 DATED 10.12.2014 RELATING TO THE FIRST PETITIONER.** **EXHIBIT P1 A A TRUE COPY OF THE RECEIPT NO.4063677(BOOK NO.40637) DATED 19.06.2015 ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF THE FEES FOR THE MUTATION.** **EXHIBIT P2** - **A TRUE COPY OF THE REGISTERED SALE DEED NO.3239/1/2014 DATED 10.12.2014 RELATING TO THE 2ND PETITIONER.** - **EXHIBIT P2 A A TRUE COPY OF THE RECEIPT NO.4063678(BOOK NO.40637) DATED 19.06.2015 ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF THE FEES FOR THE MUTATION.** **EXHIBIT P3 A TRUE COPY OF THE REGISTERED SALE DEED No.157/2018/1 DTD.17.1.2018 RELATING TO THE 3[rd] PETITIONER.** - **EXHIBIT P3 A A TRUE COPY OF THE RECEIPT NO.4668968 (BOOK NO.96) DATED 22.05.2018 ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF THE FEES FOR THE MUTATION.** **EXHIBIT P4 A TRUE COPY OF THE REGISTERED SALE DEED NO.723/2017/1 DATED 21.03.2017 RELATING TO THE 4TH PETITIONER.** W.P.(C)No.30481 of 2018 ..13.. ## **EXHIBIT P4 A** **A TRUE COPY OF THE RECEIPT NO.4674404(BOOK NO.141) DATED 30.05.2018 ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF THE FEES FOR THE MUTATION.** - **EXHIBIT P5 A TRUE COPY OF THE REGISTERED DALE DEED No.747/1/2018 DATED 9.3.2018 RELATING TO THE 6TH PETITIONER.** - **EXHIBIT P6 A TRUE COPY OF THE REGISTERED SALE DEED NO.1269/1/2018 DATED 24.4.2018 RELATING TO THE 7TH PETITIONER.** - **EXHIBIT P7 A TRUE COPY OF THE REGISTERED SALE DEED NO.1732/2018 DATED 14.6.2018 RELATING TO THE 8TH PETITIONER.** **EXHIBIT P7 A A TRUE COPY OF THE RECEIPT NO.4684632 (BOOK No.46847)DATED 11.4.2018 ISSUED BY THE 3RD RESPONDENT SHOWING THE REMITTANCE OF THE TAX.** - **EXHIBIT P8 A TRUE COPY OF THE ORDER NO 498/17(47) DATED 11.7.2018 ISSUED BY THE 3RD RESPONDENT TO THE 1ST PETITIONER.** - **EXHIBIT P8 A A TRUE COPY OF THE ORDER NO 498/17(40) DATED 11.7.2018 ISSUED BY THE 3RD RESPONDENT TO THE 2ND PETITIONER.** - **EXHIBIT P8 B A TRUE COPY OF THE ORDER NO 498/17 (48) DATED 18.7.2018 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER.** **EXHIBIT P8 C** **A TRUE COPY OF THE ORDER NO.498/17(45) DATED 21.6.2018 ISSUED BY THE 3RD RESPONDENT TO THE 4TH PETITIONER.** W.P.(C)No.30481 of 2018 ..14.. - **EXHIBIT P8 D A TRUE COPY OF THE ORDER NO.185/1819(PV) DATED 31.7.2018 ISSUED BY THE 3RD RESPONDENT TO THE 5TH PETITIONER.** - **EXHIBIT P8 E A TRUE COPY OF THE ORDER NO 184/18-19 (PV) DATED 31.7.2018 ISSUED BY THE 3RD RESPONDENT TO THE 6TH PETITIONER.** - **EXHIBIT P8 F A TRUE COPY OF THE ORDER NO 148/18 DATED 13.8.2018 ISSUED BY THE 3RD RESPONDENT TO THE 8TH PETITIONER.** **EXHIBIT P9** - **A TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 13.2.2015 IN WRIT PETITION(CIVIL) NO 4803 OF 2014(A).** **EXHIBIT P10** - **A TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 19.11.2015 IN WRIT PETITION (CIVIL) NO 33235 OF 2015.** - **EXHIBIT P11** - **A TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 3.3.2017 IN WRIT PETITION (CIVIL) NO.3372 OF 2017 (V).** - **EXHIBIT P12 A TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 15.6.2017 IN WRIT PETITION (CIVIL) NO 25194 OF 2016(Y)** **EXHIBIT P13** **A TRUE COPY OF THE JUDGMENT OF THIS COURT DATED 27.7.2018 IN WRIT PETITION (CIVIL) NO 23389 OF 2018.**