High Court of KeralaSingle Judge2021-12-06Writ petitions disposed of with directions to c...

W.P.(C) Nos. 21821 of 2021 & connected cases

Case / Petition Number:WP(C) No. 21821 of 2021; WP(C) No. 21907 of 2021; WP(C) No. 21855 of 2021; WP(C) No. 22225 of 2021; WP(C) No. 22324 of 2021

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: Devan Ramachandran
Judgment Date: 2021-12-06
Court Decision / Holding: Direct the District Collector to consider the petitioners' land-assignment applications after affording them an opportunity of being heard and to pass appropriate orders expeditiously, not later than three months from receipt of a copy of this judgment; merits of Ext.P3 and related contentions are left open to be decided by the competent authority after the hearing.
Final Disposition: Writ petitions disposed of with directions to consider applications; hearing to be afforded; orders within three months; merits reserved.

Parties to the Case

Appellants / Petitioners

NOUFAL V.C., VELLACHALIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD
SHAHANA, W/O NOUFAL V.C., VELLACHALIL HOUSE, FAIRLAND, SULTHAN BATHERY, WAYANAD
JOSE P.J., PURATHOOR HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD
VERONICA, W/O JOSE P.J., PURATHOOR HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD
SEBASTIAN K KANNOLIL, KANNOLIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD
SHIJI W/O. SEBASTIAN K., KANNOLIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD
MUHAMMED HARISH, KAKKUMPURATH HOUSE, FAIR LAND COLONY, SULTHAN BATHERY, WAYANAD
SHAJIRA W/O. MUHAMMED HARISH, KAKKUMPURATH HOUSE, FAIR LAND COLONY, SULTHAN BATHERY, WAYANAD
RAFEEK.K KALLANKODAN HOUSE, FAIR LAND COLONY, SULTHANBATHERY, WAYANAD
SAJNA W/O. RAFEEK.K, KALLANKODAN HOUSE, FAIR LAND COLONY, SULTHANBATHERY, WAYANAD

Respondents

State of Kerala represented by the Secretary, Department of Revenue, Government of Kerala, Government Secretariat, Thiruvananthapuram - PIN 695001
District Collector, Wayanad, Kalpetta North Post, Wayanad - PIN 673122
Deputy Collector (LR), Collectorate, Kalpetta North Post, Wayanad - PIN 673122
Tahsildar, Taluk Office, Sulthan Bathery, Wayanad District, PIN 673592
Village Officer, Sulthan Bathery Village Office, Wayanad District, PIN 673592

Legal Representation & Advocates

Counsels for Petitioners

• RAFFEEKH.K

Counsels for Respondents

• SRI. JAFAR KHAN, SR.G.P.

Case Synopsis & Summary

Five writ petitions from Sulthan Bathery, Wayanad (WP(C) Nos. 21821/2021, 21907/2021, 21855/2021, 22225/2021, 22324/2021) challenge actions under the Assignment of Land in Municipal and Corporation Area Rules 1995 and Ext. P3 Government Order for land assignments. The petitioners, residents of Sulthan Bathery, claim eligibility for land allocation under the 1995 Rules and Ext.P3 benefits, arguing that their applications have languished for years without action by the competent authority. They seek directions to the District Collector to assign lands in Sulthan Bathery in accordance with law and to extend the measures provided by Ext.P3. The respondents respond that Ext.P3 (GO MS 86/2019) was issued invoking Rule 21 of the Rules, but Ext.P3 is currently under challenge before this Court in the CC Anil Kumar matter, and only those whose cases fall within the allowed scope can receive benefits; some petitioners reportedly received Ext.P3 relief prior to the challenge. The court, however, states it will not adjudicate the merits at this stage. Instead, it orders the District Collector to consider each petitioner's land-application under the relevant law, after affording them a hearing, and to issue appropriate orders expeditiously, within three months of receiving the judgment copy. The judge reserves the questions of Ext.P3's applicability and the underlying contentions for later decision by the competent authority.

Provisions of Law Cited

Assignment of Land in Municipal and Corporation Area Rules 1995Rule 21 of the RulesG.O.(MS) No.322/2010/REVG.O.(MS) No.86/2019/REVENUE

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend entitlement to land allocation under the Assignment of Land in Municipal and Corporation Area Rules 1995 and Ext.P3 (GO MS 86/2019/REVENUE), citing long pendency of applications and seeking directions for expeditious consideration by the District Collector; they request hearing and decision under law, and rely on the Rules for eligibility. They acknowledge Ext.P3's beneficial provisions but note that its applicability is subject to challenge in CC Anil Kumar v. State of Kerala; they seek a merit-based, timely resolution.

Contentions of Respondents

The State/Respondents contend that Ext.P3 was issued under Rule 21 of the Rules but is subject to challenge; while the petitioners could be considered under the Rules, the Court should not grant Ext.P3 relief without first resolving the challenge; The Government Pleader argues that there is no legal impediment to considering applications under the Rules, but Ext.P3's application to these petitioners is not affirmed.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
C.C.Anil Kumar v. State of Kerala and Others	W.P(C) No. 33638 of 2019	Mentioned Only	Cited as background to Ext.P3 challenge and the related judgment; the present decision does not treat it as binding on merits.

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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 DEVAN RAMACHANDRAN** ## **MONDAY, THE 6[TH] DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943** ## **WP(C) NO. 21821 OF 2021** ## **PETITIONERS:** - 1 NOUFAL V.C. VELLACHALIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD PIN - 673592. - 2 SHAHANA, W/O NOUFAL V.C, VELLACHALIL HOUSE, FAIRLAND, SULTHAN BATHERY, WAYANAD PIN 673592 BY ADV RAFFEEKH.K ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - PIN - 695001. - 2 THE DISTRICT COLLECTOR WAYAND, KALPETTA NORTH POST, WAYANAD - PIN - 673122. - 3 THE DEPUTY COLLECTOR (LR) COLLECTORATE KALPETTA NORTH POST, WAYANAD PIN - 673122. - 4 THE TAHSILDAR, TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 673592. - 5 THE VILLAGE OFFICER. SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT, PIN - 673592. SRI. JAFAR KHAN SR.G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).21907/2021, 21855/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 6[TH] DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943** ## **WP(C) NO. 21907 OF 2021** ## **PETITIONERS:** - 1 JOSE P.J. PURATHOOR HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD, PIN-673 592. - 2 VERONICA, - W/O JOSE P.J, PURATHOOR HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD PIN-673 592. BY ADV RAFFEEKH.K ## **RESPONDENTS:** - 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. - 2 THE DISTRICT COLLECTOR, WAYANAD, KALPETTA NORTH POST, WAYANAD, PIN-673 122. - 3 THE DEPUTY COLLECTOR (LR), COLLECTORATE, KALPETTA NORTH POST, WAYANAD, PIN-673 122. 3 W.P.(C)No. 21821 of 2021 & Conn.Cases - 4 THE TAHSILDAR, - TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, PIN-673 592. - 5 THE VILLAGE OFFICER SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT, PIN-673 592. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).21821/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 4 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 6[TH] DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943** ## **WP(C) NO. 21855 OF 2021** ## **PETITIONERS:** - 1 SEBASTIAN K KANNOLIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD, PIN - 673592. - 2 SHIJI W/O. SEBASTIAN K., KANNOLIL HOUSE, FAIR LAND, SULTHAN BATHERY, WAYANAD, PIN - 673592. BY ADV RAFFEEKH.K ## **RESPONDENTS:** - 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. - 2 THE DISTRICT COLLECTOR, WAYANAD, KALPETTA NORTH POST, WAYANAD, PIN - 673122. - 3 THE DEPUTY COLLECTOR (LR) COLLECTORATE, KALPETTA NORTH POST, WAYANAD, PIN - 673122. - 4 THE THAHISLDAR TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 673592. 5 W.P.(C)No. 21821 of 2021 & Conn.Cases - 5 THE VILLAGE OFFICER SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT, PIN - 673592. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).21821/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 6 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 6[TH] DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943** ## **WP(C) NO. 22324 OF 2021** ## **PETITIONERS:** - 1 MUHAMMED HARISH AGED 50 YEARS KAKKUMPURATH HOUSE, FAIR LAND COLONY, SULTHAN BATHERY, WAYANAD, PIN - 673592. - 2 SHAJIRA W/O. MUHAMMED HARISH, KAKKUMPURATH HOUSE, FAIR LAND COLONY, SULTHAN BATHERY, WAYANAD, PIN - 673592. BY ADV RAFFEEKH.K ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. - 2 THE DISTRICT COLLECTOR, WAYANAD, KALPETTA NORTH POST, WAYANAD, PIN - 673122. - 3 THE DEPUTY COLLECTOR (LR) COLLECTORATE, KALPETTA NORTH POST, WAYANAD, PIN - 673122. 7 W.P.(C)No. 21821 of 2021 & Conn.Cases - 4 THE TAHSILDAR - TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT, PIN - 673592. - 5 THE VILLAGE OFFICER SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT, PIN - 673592. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).21821/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 8 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 6[TH] DAY OF DECEMBER 2021 / 15TH AGRAHAYANA, 1943** ## **WP(C) NO. 22225 OF 2021** ## **PETITIONERS:** - 1 RAFEEK.K KALLANKODAN HOUSE, FAIR LAND COLONY, SULTHANBATHERY, WAYANAD ,PIN-673 592 - 2 SAJNA - W/O. RAFEEK.K., KALLANKODAN HOUSE, FAIR LAND COLONY, SULTHANBATHERY, WAYANAD ,PIN-673 592 BY ADV RAFFEEKH.K ## **RESPONDENTS:** - 1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN-695 001 - 2 THE DISTRICT COLLECTOR, WAYANAD, KALPETTA NORTH POST, WAYANAD,PIN-673 122 - 3 THE DEPUTY COLLECTOR (LR), COLLECTORATE, KALPETTA NORTH POST, WAYANAD,PIN-673 122 9 W.P.(C)No. 21821 of 2021 & Conn.Cases - 4 THE TAHSILDAR, - TALUK OFFICE, SULTHAN BATHERY, WAYANAD DISTRICT,PIN-673 592 - 5 THE VILLAGE OFFICER, SULTHAN BATHERY VILLAGE OFFICE, WAYANAD DISTRICT,PIN-673 592 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2021, ALONG WITH WP(C).21821/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 10 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **JUDGMENT** ## **Dated this the 6th day of December, 2021.** The petitioners in these five cases – which have been heard together and are being disposed of jointly through this judgment – are similarly placed and seek that the 2[nd] respondent be directed to assign them land in the Sulthan Bathery Village, as per the provisions of the “Assignment of Land in Municipal and Corporation Area Rules 1995” (hereinafter referred to as 'the Rules' for short), as also those of Ext.P3 Government Order. 2. The petitioners allege that even though their applications for the afore purpose have been pending for the last several years, no action has been taken by the competent Authority on it until now; and therefore, pray that they be directed to do so, within a time frame to be 11 W.P.(C)No. 21821 of 2021 & Conn.Cases fixed by this Court. 3. In response, the learned Senior Government Pleader, Shri.Jaffar Khan, submitted that if the petitioners only require their applications to be considered in terms of the Rules, there is no legal impediment for the competent Authority to do so. He, however, explained that the petitioners may not be able to seek the benefit of Ext.P3 Government Order because it was one which was issued invoking the provisions of Rule 21 of the Rules, but that the same was under challenge before this Court, which finally led to the judgment in **C.C.Anil Kumar v. State of Kerala and Others [W.P(C)No.33638 of 2019]** . He submitted that, therefore, even though some others were given the benefit of Ext.P3, the petitioners cannot seek the same, after this Court had delivered affirmative declarations in the afore judgment. 12 W.P.(C)No. 21821 of 2021 & Conn.Cases 4. I do not propose to go into the merits of the contentions of the learned Senior Government Pleader as above, because, as of now, the petitioners are only seeking that their applications be considered in terms of law. Whether Ext.P3 would be applicable to them or if they are eligible to the beneficial prescriptions thereunder, are matters which will have to be decided by the competent Authority, after the petitioners are afforded an opportunity of being heard. Resultantly, I order these writ petitions and direct the 2[nd] respondent – District Collector, to consider the applications of the petitioners for assignment of lands, after affording them an opportunity of being heard; thus culminating in appropriate orders thereon, as expeditiously as is possible, but not later than three months from the date of receipt of a copy of this judgment. 13 W.P.(C)No. 21821 of 2021 & Conn.Cases Needless to say, I have not considered the merits of the contentions of the rival parties on their merits and that all of them are left open – including as to whether Ext.P3 would be applicable to the petitioners – to be decided by the 2[nd] respondent appropriately, while the afore exercise is completed. **Sd/DEVAN RAMACHANDRAN JUDGE** Raj/06.12.2021 14 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **`APPENDIX OF WP(C) 21821/2021`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE SALE DEED DATED 13.02.2015. Exhibit P2TRUE COPY OF G.O(MS) NO.322/2010/REV. DATED 04.08.2010,. Exhibit P3TRUE COPY OF THE G.O(MS) NO.86/2019/REVENUE DATED 01.03.2019. Exhibit P4TRUE COPY OF THE FORM 2 NOTICE DATED 22.01.2021 ISSUED BY THE 2ND RESPONDENT. ``` 15 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **`APPENDIX OF WP(C) 21907/2021`** ``` PETITIONER EXHIBITS Exhibit P1TRUE COPY OF THE SALE DEED DATED 20.5.1991 Exhibit P2TRUE COPY OF GO(MS) NO 322/2010/REV DATED 4.8.2010 Exhibit P3TRUE COPY OF THE GO(MS) NO 86/2019/REVENUE DATED 1.3.2019 Exhibit P4TRUE COPY OF THE FORM 2 NOTICE DATED 22.1.2021 ISSUED BY THE 2ND RESPONDENT ``` 16 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **`APPENDIX OF WP(C) 21855/2021`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE SALE DEED DATED 4.9.2012. Exhibit P2TRUE COPY OF G.O.(MS) NO.322/2010/REV. DATED 04.08.2010. Exhibit P3TRUE COPY OF THE G.O.(MS) NO.86/2019/REVENUE DATED 01.03.2019. Exhibit P4TRUE COPY OF THE FORM 2 NOTICE DATED 15.02.2021 ISSUED BY THE 2ND RESPONDENT. ``` 17 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **`APPENDIX OF WP(C) 22225/2021`** ``` PETITIONER EXHIBITS ``` ``` Exhibit P1TRUE COPY OF THE SALE DEED DATED 7.9.2009 Exhibit P2TRUE COPY OF G.O(MS) NO.322/2010/REV DATED 04.08.2010 Exhibit P3TRUE COPY OF THE G.O(MS) NO.86/2019/REVENUE DATED 01.03.2019 Exhibit P4TRUE COPY OF THE FORM 2 NOTICE DATED 22.01.2021 ISSUED BY THE 2ND RESPONDENT ``` 18 W.P.(C)No. 21821 of 2021 & Conn.Cases ## **`APPENDIX OF WP(C) 22324/2021`** ## `PETITIONER EXHIBITS` ``` Exhibit P1TRUE COPY OF THE SETTLEMENT DEED DATED 08.11.2016. Exhibit P2TRUE COPY OF G.O.(MS) NO.322/2010/REV. DATED 04.08.2010. Exhibit P3TRUE COPY OF THE G.O.(MS) NO.86/2019/REVENUE DATED 01.03.2019. Exhibit P4TRUE COPY OF THE FORM 2 NOTICE DATED 22.01.2021 ISSUED BY THE 2ND RESPONDENT. ```