High Court of KeralaSingle Judge2021-07-22Writ petitions allowed; disposed of in terms st...

WP(C) No. 27234/2019 & 20660/2020, High Court of Kerala at Ernakulam

Case / Petition Number:WP(C) Nos. 27234/2019 & 20660/2020

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P.V. Kunhikrishnan
Judgment Date: 2021-07-22
Court Decision / Holding: The writ petitions are allowed. The second respondent Village Officer, Kerala Estate Village, Karuvarakundu, is directed to transfer registry in the name of the petitioners based on their registered deeds within four weeks from receipt of a copy of this judgment, and basic land tax should be accepted for the period. The State is free to take action against any violation of the Kerala Land Reforms Act.
Final Disposition: Writ petitions allowed; disposed of in terms stated above.

Parties to the Case

Appellants / Petitioners

Diya Joseph
Sameer C.
Aslam Ibnul Ummer
Ammini
Marakkarkutty
Maimoona
Haneefa
Muhammad
Noushadali Kunjumuhammad
Ershad
Siddiq
Saleena T H
Sharafudheen
Majeed
Muhammad
Sharafudheen
Muhammad Faizal
Shameera
Usman
Sairabanu W/o Usman
Muhammad
Sakeera

Respondents

State of Kerala represented by Chief Secretary to Government, Government Secretariat, Thiruvananthapuram
The Secretary to Government Department of Revenue, Government Secretariat, Thiruvananthapuram
The Special Officer and Collector State Special Office, Government Land Resumption, Public Office Buildings, Museum P.O., Thiruvananthapuram
The Tahsildar Nilambur Taluk, Nilambur, Malappuram District
The Village Officer Kerala Estate Village, Kerala Estate Post, Karuvarakundu, Malappuram District

Legal Representation & Advocates

Counsels for Petitioners

• Vinod Vallikappan

Counsels for Respondents

• Y. Jafar Khan

Case Synopsis & Summary

These connected writ petitions challenge non-mutation of property rights in Kerala Estate Village, Karuvarakundu, Malappuram District. A large batch of petitioners, including 21 individuals in WP(C) 27234/2019 and Diy a Joseph in WP(C) 20660/2020, claim absolute possession and seek mutation of titles in their names with the land tax accepted during the mutation process. They rely on an earlier order, Ext.P3, which directed mutation in a similar village, and contend that tax payments should continue pending mutation. The Government Pleader counters that fragmentation of estate property is not permissible, citing Mathew K. Jacob v. District Environmental Impact Assessment Authority and One Earth One Life v. State of Kerala to oppose mutation. The Court, while noting these authorities, proceeds to follow Ext.P3’s approach grounded in Devassia v. Sub-Registrar and disposes of the petitions. It directs the Village Officer to effect registry transfers in the petitioners’ names within four weeks based on registered deeds, and to accept basic land tax for that period, while clarifying that the State may act against any violations of the Kerala Land Reforms Act. The held view extends to all petitioners in the connected matters, giving them remedy without fragmenting the estate further.

Provisions of Law Cited

Kerala Land Reforms Act

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend they are in actual possession of parcels in Kerala Estate Village, supported by registered sale deeds, and seek mutation in their names with the land tax accepted during the mutation process. They rely on Ext.P3, where this Court directed mutation in a similar set of cases and allowed collection of tax pending mutation, arguing that a similar remedy should be extended here. They emphasize that mutation would not fragment the estate but regularize titles in light of registered deeds, and that Devassia v. Sub-Registrar provides a guiding basis for relief.

Contentions of Respondents

The Government Pleader submits that fragmentation of estate property is not permissible and cites Mathew K. Jacob v. District Environmental Impact Assessment Authority and One Earth One Life v. State of Kerala to oppose mutation. He contends that Ext.P3 cannot be generically extended and urges adherence to established jurisprudence. He acknowledges that Devassia v. Sub-Registrar underpins Ext.P3 but argues the later authorities limit such relief. Overall, the respondents urge dismissal of mutation claims and continued enforcement of the Kerala Land Reforms Act’s provisions.

Cited Precedents (3)

Case Name	Citation	Treatment	Explanation
Mathew K.Jacob v. District Environmental Impact Assessment Authority	2018 (5) KHC 487	Distinguished	The court notes this decision as against fragmentation but refrains from following its reasoning, opting instead to rely on Ext.P3 derived from Devassia’s approach.
One Earth One Life v. State of Kerala	2019 KHC 221	Mentioned Only	Cited in arguments by the Government but not relied upon by the court in delivering the decision.
Devassia v. Sub-Registrar	2015 (1) KHC 825	Positive	Form the basis for Ext.P3 and the Court’s adopted approach towards mutation, which the Court applies in the present judgment.

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Extracted Judgment Text

Exact text extracted from official judgment records.

**WP(C) NO. 27234/2019 & 20660/2020** **1** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 22[ND] DAY OF JULY 2021 / 31ST ASHADHA, 1943** ## **WP(C) NO. 20660 OF 2020** ## **PETITIONER/S:** DIYA JOSEPH AGED 36 YEARS W/O. JOSEPH JOHN, EZHUMANTHURUTHIL HOUSE, ERNAKULAM COLLEGE POST, ERNAKULAM, KOCHI-682035. BY ADV VINOD VALLIKAPPAN ## **RESPONDENT/S:** 1 THE TAHSILDAR, NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT-686507. 2 THE VILLAGE OFFICER, KERALA ESTATE VILLAGE, KERALA ESTATE, KARUVARAKUNDU, MALAPPURAM DISTRICT-676525. ## **OTHER PRESENT:** SRI.Y.JAFAR KHAN, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2021, ALONG WITH WP(C).27234/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 27234/2019 & 20660/2020** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **THURSDAY, THE 22[ND] DAY OF JULY 2021 / 31ST ASHADHA, 1943** **WP(C) NO. 27234 OF 2019** ## **PETITIONER/S:** 1 SAMEER C. AGED 34 YEARS S/O. MUHAMMAD, CHEMBAN HOUSE, KOONAMAVU, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 2 ASLAM IBNUL UMMER AGED 34 YEARS S/O. UMMER, THANNIKADAN HOUSE, MANJALPARA, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 3 AMMINI AGED 71 YEARS W/O. KUNJUKUNJU, PUTHENPURAKKAL, CHOLAMAMANNA, EDATHUNATTUKARA, ALANALLUR PALAKKAD - 678 601 4 MARAKKARKUTTY AGED 44 YEARS S/O. HAMZA, KOLAMBAN HOUSE, PANTHRA, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 5 MAIMOONA AGED 44 YEARS D/O. MUHAMMAD, POOLAMPARAMBAN HOUSE, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 6 HANEEFA AGED 37 YEARS S/O. MUHAMMAD, MUSLIARAKATH HOUSE, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 7 MUHAMMAD AGED 59 YEARS S/O. KUNHAYAMMJU, KULANGARA, PUTHIYAKADA, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 8 NOUSHADALI KUNJUMUHAMMAD, PILAKKADAN, HOUSE, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 **WP(C) NO. 27234/2019 & 20660/2020** **3** |9|ERSHAD| |---|---| ||AGED 29 YEARS| ||S/O. ABU, MULAYATH HOUSE, KERALA ESTATE POST, KARUVARAKUNDU,| ||MALAPPURAM DISTRICT - 676 525| |10|SIDDIQ| ||AGED 49 YEARS| ||S/O. MUHAMMAD, MUTTUMMAL HOUSE, MANJALPARA, KERALA ESTATE| ||POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |11|SALEENA T H| ||AGED 33 YEARS| ||D/O. HASSAN T A, THACHAMPALLI HOSE, MANJALPARA, KERALA| ||ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |12|SHARAFUDHEEN| ||AGED 29 YEARS| ||S/O. KUNJUMUHAMMAD, PADATHUMPEEDIKA HOUSE, ALIKODE, KERALA| ||ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |13|MAJEED| ||AGED 58 YEARS| ||S/O. MUHAMMAD, NEERANKUZHIYAN HOUSE, MANJALPARA, KERALA| ||ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |14|MUHAMMAD| ||AGED 36 YEARS| ||S/O. BEERAN, KARATHODIKA HOUSE, PULNKADAVU, KERALA ESTATE| ||POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |15|SHARAFUDHEEN| ||AGED 41 YEARS| ||S/O. HAMZA, THORAKKADAN HOUSE, KERALA ESTATE POST,| ||KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |16|MUHAMMAD FAIZAL| ||AGED 40 YEARS| ||S/O. MUHAMMAD, KUNNATH HOUSE, PANTHRA, KERALA ESTATE POST,| ||KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |17|SHAMEERA| ||AGED 33 YEARS| ||S/O. MUHAMMAD FAIZAL, KUNNANATH HOUSE, PANTHRA, KERALA| ||ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| |18|USMAN| ||AGED 45 YEARS| ||S/O. SAID, MAMBAI HOSUE, MANJALPARA, MUHAMMAD FAIZAL S/O.| ||MUHAMMAD, AGED 40 YEARS, KUNNATH HOUSE, PANTHRA, KERALA| ||ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525| **WP(C) NO. 27234/2019 & 20660/2020** **4** 19 SAIRABANU W/O. USMAN, MAMBAI HOUSE, MANJALPARA, MUHAMMAD FAIZAL S/O. MUHAMMAD, AGED 40 YEARS, KUNNATH HOUSE, PANTHRA, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 20 MUHAMMAD AGED 38 YEARS S/O. RAVINDRAN, PALAVILAYIL HOUSE, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 21 SAKEERA AGED 38 YEARS D/O. MUHAMMAD, KANIYAMPARA HOUSE, ALIKKODE, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 BY ADV VINOD VALLIKAPPAN ## **RESPONDENT/S:** 1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2 THE SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 3 THE SPECIAL OFFICER AND COLLECTOR STATE SPECIAL OFFICE, GOVERNMENT LAND RESUMPTION, PUBLIC OFFICE BUILDINGS, MUSEUM P.O., THIRUVANANTHAPURAM - 695 033 4 THE TAHSILDAR NILAMBUR TALUK, TALUK OFFICE, NILAMBUR, MALAPPURAM DISTRICT, PIN - 686 507 5 THE VILLAGE OFFICER KERALA ESTATE VILLAGEW, KERALA ESTATE POST, KARUVARAKUNDU, MALAPPURAM DISTRICT - 676 525 BY GOVERNMENT PLEADER, Y.JAFAR KHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2021, ALONG WITH WP(C).20660/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: **WP(C) NO. 27234/2019 & 20660/2020** **5** ## **P.V.KUNHIKRISHNAN, J** **-------------------------------------------W.P.(C.) Nos. 27234 of 2019 & 20660 of 2020 ------------------------------------------------------------Dated this the 22[nd] day of July, 2021** ## **JUDGMENT** These writ petitions are connected and therefore, I am disposing these writ petitions by a common judgment. 2. The prayers in W.P.(C.) No. 20660 of 2020 are ## extracted hereunder : “A) to issue a writ in the nature of mandamus or any other appropriate writ, direction or order commanding the 2[nd] respondent to effect mutation of the property covered by Exhibit P1 and P2 settlement deeds to the name of the petitioner within a specified time limit and to accept the land tax including the arrears till date and to continue accepting the land tax. B) to pass such other writ order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case; and C) allow cost to the petitioner.” 3. According to the petitioners, they are in absolute possession and enjoyment of certain extent of property in Kerala Estate Village by virtue of registered documents. The grievance of the petitioners is that the mutation is not effected and the tax is not accepted. Hence, these writ petitions were **WP(C) NO. 27234/2019 & 20660/2020** **6** filed by the petitioners. 3. Heard counsel for the petitioners and the Government Pleader. 4. The Government Pleader submitted that fragmentation of the property is not possible in the light of the subsequent judgment of this Court in **Mathew K.Jacob v. District Environmental Impact Assessment Authority** [2018 (5) KHC 487] and **One Earth One Life v. State of Kerala** [2019 KHC 221]. Therefore, the Government Pleader submitted that the prayers in the writ petition may not be allowed. 5. The counsel for the petitioner relied Ext.P3 produced in W.P.(C.) No. 20660/2020 and connected cases, in which this Court allowed mutation and directed the authorities to accept tax to the properties in the same village, in which the same objection was raised. 6. After hearing both sides, I think similar order like Ext.P3 in W.P(C.) No. 20660/2020 can be passed in this case also. This Court disposed a batch of cases in the above judgment in which the decision of this Court in **Devassia v. Sub-Registrar** [2015 (1) KHC 825] is relied. Admittedly, the **WP(C) NO. 27234/2019 & 20660/2020** **7** judgment in **Devassia's** case (supra) is not challenged. Ext.P3 judgment is also not challenged. In such circumstances, I think there is no reason to deny the same benefit to the petitioners in this writ petition. Therefore, these writ petitions are allowed, in the following manner : 1) The second respondent, Village Officer, Kerala Estate Village, Karuvarakundu is directed to effect transfer of Registry in the name of the petitioners, based on the registered deed produced by them, within a period of 4 weeks from the date of receipt of a copy of this judgment. Basic tax also shall be accepted for those property during the above period. 2) It is made clear that the State is at liberty to proceed against the property, if there is any violation of the provisions of the Kerala Land Reforms Act. SD/- ## **P.V.KUNHIKRISHNAN** **JUDGE** SKS **WP(C) NO. 27234/2019 & 20660/2020** **8** ## **APPENDIX OF WP(C) 27234/2019** PETITIONER EXHIBITS - EXHIBIT P1 TRUE COPY OF THE SALE DEED NO. 2371/18 OF KARUVARAKUNDU SRO DATED 12-11-2018 IN THE NAME OF THE 1ST PETITIONER SAMEER C. - EXHIBIT P2 TRUE COPY OF THE SALE DEED NO. 1757/18 OF KARUVARAKUNDU SRO DATED12-11-2018 IN THE NAME OF THE 1ST PETITIONER SAMEER C. - EXHIBIT P3 TRUE COPY OF THE SALE DEED NO. 2023/16 OF KARUVARAKUNDU SRO DATED 23-9-2016 IN THE NAME OF THE 3RD PETITIONER AMMINI - EXHIBIT P4 TRUE COPY OF THE SALE DEED NO. 465/18 OF KARUVARAKUNDU SRO DATED 23-2-2018 IN THE NAME OF THE 4TH PETITIONER MARAKKARKUTTY - EXHIBIT P5 TRUE COPY OF THE SALE DEED NO. 1969/18 OF KARUVARAKUNDU SRO DATED 14-9-2018 IN THE NAME OF THE 5TH PETITIONER MAIMOONA - EXHIBIT P6 TRUE COPY OF THE SALE DEED NO. 896/19 OF KARUVARAKUNDU SRO DATED 25-4-2019 IN THE NAME OF THE 6TH PETITIONER HANEEFA - EXHIBIT P7 TRUE COPY OF THE SALE DEED NO. 750/18 OF KARUVARAKUNDU SRO DATED 29-3-2019 IN THE NAME OF THE 7TH PETITIONER MUHAMMAD - EXHIBIT P8 TRUE COPY OF THE SALE DEED NO. 1566/18 OF KARUVARAKUNDU SRO DATED 11-7-2018 IN THE NAME OF THE 8TH PETITIONER BOUSHADALI - EXHIBIT P9 TRUE COPY OF THE SALE DEED NO. 119/17 OF KARUVARAKUNDU SRO DATED 17-1-2017 IN THE NAME OF THE 9TH PETITIONER ERSHAD EXHIBIT P10 TRUE COPY OF THE SALE DEED NO. 2623/16 OF KARUVARAKUNDU SRO DATED 21-12-2016 IN THE NAME |**WP(C) NO. 27234/2019 & 20660/2020**<br>**9**|**WP(C) NO. 27234/2019 & 20660/2020**<br>**9**| |---|---| ||OF THE 10TH PETITIONER SIDDIQ| |EXHIBIT P11|TRUE COPY OF THE SALE DEED NO. 2162/18 OF| ||KARUVARAKUNDU SRO DATED 10-10-2018 IN THE NAME| ||OF THE 11TH PETITIONER SALEEMA| |EXHIBIT P12|TRUE COPY OF THE SALE DEED NO. 1989/17 OF| ||KARUVARAKUNDU SRO DATED 7-10-2017 IN THE NAME| ||OF THE 12TH PETITIONER SHARAFUDHEEN| |EXHIBIT P13|TRUE COPY OF THE SALE DEED NO. 463/18 OF| ||KARUVARAKUNDU SRO DATED 23-2-2018 IN THE NAME| ||OF THE 13TH PETITIONER MAJEED| |EXHIBIT P14|TRUE COPY OF THE SALE DEED NO. 614/18 OF| ||KARUVARAKUNDU SRO DATED 28-2-2018 IN THE NAME| ||OF THE 14TH PETITIONER MUHAMMAD| |EXHIBIT P15|TRUE COPY OF THE SALE DEED NO. 6/17 OF| ||KARUVARAKUNDU SRO DATED 30-12-2016 IN THE NAME| ||OF THE 15TH PETITIONER SHARAFUDHEEN| |EXHIBIT P16|TRUE COPY OF THE SALE DEED NO. 1987/17 OF| ||KARUVARAKUNDU SRO DATED 7-10-2017 IN THE JOINT| ||NAMES OF THE 16TH PETITIONER MUHAMMAD FAIZAL| ||AND HIS WIFE THE 17TH PETITIONER SHAMEERA| |EXHIBIT P17|TRUE COPY OF THE SALE DEED NO. 1159/18 OF| ||KARUVARAKUNDU SRO DATED 7-5-2018 IN THE JOINT| ||NAMES OF THE 18TH PETITIONER USMAN AND HIS| ||WIFE THE 19TH PETITIONER SAIRABANU| |EXHIBIT P18|TRUE COPY OF THE SALE DEED NO. 479/18 OF| ||KARUVARAKUNDU SRO DATED 24-2-2018 IN THE JOINT| ||NAMES OF THE 20TH PETITIONER MUHAMMAD AND HIS| ||WIFE THE 21ST PETITIONER SAKEENA| |EXHIBIT P19|TRUE COPY OF THE ORDER ISSUED BY THE 1ST| ||RESPONDENT GO (RT) NO. 4963/2017/RD DATED 21-| ||11-2017| **WP(C) NO. 27234/2019 & 20660/2020** **10** ## **APPENDIX OF WP(C) 20660/2020** PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SETTLEMENT DEED NO.388/2020 OF KARUVARAKUNDU SRO DATED 24/02/2020. EXHIBIT P2 TRUE COPY OF THE SETTLEMENT DEED NO.389/2020 OF KARUVARAKUNDU SRO DATED 24/02/2020. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WPC NO. 21632/2019 AND CONNECTED CASES DATED 19/02/2020.