W.P.(C) Nos.26308 of 2013 & 632 of 2015

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940** ## **WP(C).No. 26308 of 2013-K** ## **PETITIONER/S:** **KAMALUDHEEN MUSALIYAR AGED 72 YEARS S/O. THANGAL KUNJU MUSALIYAR, SITHARA, ASHRAMAM, KOLLAM.** **BY ADVS. SRI.G.S.REGHUNATH SRI.A.S.SHAMMY RAJ SRI.K.RAJESH KANNAN SRI.P.SHANES METHAR** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| ||**DEPARTMENT OF REVENUE, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695001.**| |**2**|**THE DISTRICT COLLECTOR KOLLAM**| ||**691001.**| |**3**|**THAHSILDAR**| ||**PATHANAPURAM TALUK, PUNALUR, THENMALA, KOLLAM-**| ||**691305.**| |**4**|**VILLAGE OFFICER**| ||**THENMALA, KOLLAM-691305.**| ## **BY ADV. GOVERNMENT PLEADER** **OTHER PRESENT: ADDL.ADV.GENERAL .SRI.RANJITH THAMPAN, ADV.VINOY VARGHESE ALLUMOOTTIL, ADV.M.K.CHANDRAMOHAN DAS, ADV.K.M.ANEESH (ADV.COMMISSIONER)** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2019, ALONG WITH WP(C).632/2015, THE COURT ON 21.03.2019 DELIVERED THE FOLLOWING:** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 21ST DAY OF MARCH 2019 / 30TH PHALGUNA, 1940** ## **WP(C).No. 632 of 2015-D** ## **PETITIONER/S:** - **1 ASSUMA BEEVI AGED 74 YEARS** **D/O.THANGAL KUNJU MUSSALIAR, RESIDING AT COHINOOR, AMBUJA VILASOM ROAD, PULIMOODU, THIRUVANANTHAPURAM.** **2 T.K.JALAUDEEN MUSSALIYAR S/O.THANGAL KUNJU MUSSALIAR, RESIDING AT MASON ARMITAGE, MUSSALIAR NAGAR, KOYIKKAL, 2ND MILE STONE, KILIKOLLUR, KOLLAM DISTRICT.** - **3 T.K.USMAN MUSSALIAR S/O.THANGAL KUNJU MUSSALIAR, RESIDING AT VEERABHADRA GARDEN, PATTOM, THIRUVANANTHAPURAM.** - **4 T.K.ABDUL KHARIM MUSSALIAR S/O.THANGAL KUNJU MUSSALIAR, RESIDING AT PALM GROVE, MUSSALIAR NAGAR, 2ND MILE STONE, KILIKOLLUR, KOLLAM TALUK.** **BY ADVS. SRI.GEORGE POONTHOTTAM (SR.) SMT.NISHA GEORGE** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 691 510.** - **2 THE DISTRICT COLLECTOR COLLECTORATE KOLLAM 691 510.** - **3 TAHSILDAR TALUK OFFICE, PUNALOOR, 691 306.** - **4 VILLAGE OFFICER** ## **THENMALA, KOLLAM 691 308.** - **5 ABUSA BEEVI KADAMPAMMOOTIL VEEDU, THENMALA, PIN-691308** - **6 LAILA** - **W/O. UNNIKRISHNAN, RAJANI BHAVAN, URUKUNNU, THENMALA, PIN-691308** - **7 USHA KUMARI** - **W/O. BABU.P., RAILWAY PURAMBOKE, VEENA BHAVANAM, THENMALA.P.O., PIN-691308** - **8 ISSAC.P.** - **KUNJIVILA VEEDU, RAILWAY PURAMBOKE, OTTAKKAL, THENMALA.P.O., PIN-691308.** - **9 RAMACHANDRAN RIYA ESTATE, THENMALA.P.O., PIN-691308.** - **10 VISWANATHAN** - **AMBANADU ESTATE, LAYAM, NO. 267, MIDDLE DIVISION, AMBANATT, KAZHUTHURUTHY.P.O., PIN-691308** - **11 AMBIKA, W/O. CHANDRAN, SMITHA VILASOM, URUKUNNU.P.O., PIN-691329** - **12 AMINA** - **W/O. SHAJI, KADAMPAMOOTIL, THENMALA, PIN-691308** - **13 BHAGAVATHY AMMA** - **W/O. SADASIVAN PILLAI, ROJA BHAVAN, RAILWAY PURAMBOKE, THENMALA, PIN – 691308** - **14 CHELLAMMA** - **K.P. COLONY, THENMALA DAM, PIN-691308.** - **15 FATHIMA CHARUVILA VEEDU, URUKUNNU.P.O., PIN-691329** - **16 GRACY** - **W/O. RAJAN, NAGAMALA ESTATE, NAGAMALA, KAZHUTHURUTHY.P.O., PIN-69582** - **17 HASSAN BEEVI** - **W/O. THAJUDEEN, SHYJU VILASOM, URUKUNNU, KANAL PURAMBOKE, PIN – 691329** - **18 JAGADAMMA** - **W/O. SIVADASAN PUTHENPURAYIL VEEDU, URUKUNNU.P.O., PIN-691329.** - **19 KAMALAMMA** ## **THATTAZIPUTHENVEEDU, THENMALA.P.O., PIN -691308.** - **20 KAUSALYA** - **W/O. RAJU, RAJESH BHAVAN, RAILWAY PURAMBOKE, THENMALA.P.O., PIN-691308** - **21 LALITHA. R.** - **SREEKALA VILASOM, THENMALA, PIN-691308** - **22 LEELA** - **W/O. ARJUNAN(LATE), SHALINI BHAVANAM, THENMALA.P.O., PIN-691308** - **23 LEELA GOPALA KRISHNAN** - **W/O. GOPALAKRISHNAN, MANJU BHAVANAM, THENMALA.P.O., PIN-691308** - **24 MANI W/O. VISHWANATHAN, AMBANAD ESTATE, LAYAM MIDDLE DIVISION, AMBANADU.P.O., PIN-691325** - **25 MARYKUTTY** - **W/O. RAJU ESHUTHIL PUTHEN VEEDU, RAILWAY PURAMBOKE, OTTAKKAL.P.O., PIN-691308** - **26 MOHANA KUMARI** - **W/O. THANKAPAN NAIR, KANNALAYAM, THENMALA.P.O., PIN-691308** - **27 MOLY** - **W/O. CLEMENT, MOLYVILASOM, THENMALA, PIN-691308.** - **28 NANDINI.K., W/O. SASIDHARAN, SHIJU SADANAM, URUKUNNU, PIN-691308** - **29 OMANA** - **W/O. RAJU, AMBANT ESTATE, MIDDLE DIVISION, AMBANAT.P.O., PIN-691328** - **30 OMANA. V., WADYAN MANDIRAM, OTTAKKAL.P.O., THENMALA, PIN-691308.** - **31 PRABHAVATHY, MALAYALAM PLANTATION, THENMALA, PIN-691308** - **32 PRASANNAKUMARI** - **W/O. BABURAJ, CHERUVILAPUTHEN VEEDU, UNDOORPACHA, URUKUNNU.P.O., PIN-691329** - **33 RAHIATH BEEVI W/O. MOHAMMAD KUNJU, PLAMOOTIL VEEDU, RAILWAY PURAMBOKE, THENMALA, 13 KANNARA, KAZHUTHURUTHY.P.O., PIN-69582** - **34 RAJAMMA W/O. SURENDRA, PILLAI (LATE), 1-S FIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.P.O., PIN-691308** - **35 RAMANI** - **W/O. RAJENDRAN, ESTATE LAYAM, AMBANAT MIDDLE DIVISION, AMBANAT.P.O., PIN-691328.** - **36 RATNAMMA** - **W/O. MURALEEDHARAN PILLAI (LATE),KAZHIRAMVILA VEEDU, OTTAKKAL.P.O., THENMALA, PIN-691308** - **37 SANTHAMNA** - **W/O. CHANDRAN PILLAI (LATE),VINOD BHAVAN, THENMALA, PIN-691308** - **38 SARASAMMA W/O. KUTTEN NADAR, PULIMOOTIL VEEDU, PIN – 691308** - **39 SARASWATHI W/O. RADHAKRISHNAN, RAJI BHAVAN, URUKUNNU.P.O., PIN-691329** - **40 SATHYKUMARI** - **W/O. MURUKESSAN (LATE), RAILWAY PURAMBOKE, THENMALA, PIN-691308** - **41 SEEMA.A. KURAVATHAVALAM ESTATE, MAMBAZHATHARA.P.O., 50 EAKKAR, PIN-691328** - **42 SHEELA W/O. BABU, SURESH MANDIRAM, RAILWAY PURAMBOKE, URUKUNU.P.O., PIN-691329** - **43 SHERIFFA ROAD PURAMBOKE, THENMALA, PIN-691308** - **44 SHYMOL MUKIL MANDIRAM, THENMALA, PIN-691308** - **45 SUBAIDA** - **W/O. MOHAMMAD, (LATE), KANAL PURAMBOKE, URAKUNNU.P.O., PIN-691308** - **46 SUBADRAMMA W/O. KRISHNA PILLAI, CHERUVIL PUTHEN VEEDU, KOTTAKKAL, PIN-691309** - **47 SUBAIDA BEEVI** - **W/O. DIVAN MYDEEN RAVUTHAR, RAILWAY PURAMBOKE, ARIFA MANZIL, THENMALA, PIN-691308** - **48 SUMATHY, W/O. BHASKARAN, PULIMOOTIL VEEDU, THENMALA, PIN-691328** - **49 THANKAMMA** - **W/O. PAPPACHAN, KURUVANTHAVALOM ESTATE LAYAM, MAMBAZHATHARA, PIN-691308** - **50 THANKAMMA ANTONY, W/O. ANTONY, CHERUVILA PUTHEN VEEDU, THENMALA, PIN-691328** - **51 THULASI, W/O. VIDHYADHARAN.K.K., USHA BHAVAN, THENMALA, PIN-691308** - **52 UMMAL BEEVI W/O. MOYDEEN, REJI MANZIL, PURAMBOKKIL, URAKUNNU.P.O., PIN-695543.** - **53 VASANTHA** - **W/O. RAJA GOPALAN, PUTHUVALPUTHEN VEEDU, RAILWAY PURAMBOKE, THENMALA, PIN-691308.** - **54 VASUMATHY** - **W/O. RAJENDRAN, MOHANA VILASOM, URUKUNNU.P.O., PUNALOOR, PIN-691309.** ## **55 VIJAYAMMAL JAYA BHAVAN, THENMALA, PIN-691329** - **56 VILASINI.V RANJINI BHAVAN, COLONY JUNCTION, URUKUNNU.P.O., PIN-691329** - **57 VIMALA, W/O. PARAMASIVAN NADIR, ROADRIKATHU VEEDU, THENMALA, PIN-691308** - **58 YASODHA JANARDHANA MANDIRAM, OTTAKKAL.P.O., PIN-691329** - **59 ABDUL KARIM** - **W/O. SAJEENA BEEGAM, KUNNAMPURATHU** - **VEEDU,URUKUNNU.P.O., PIN-691329.** - **60 ABDUL SALAM** - **H/O. SHAKEELA, KURUVANTHAVALOM, MAMBUZHATHARA.P.O.,, PIN-691329** - **61 AJI KUMAR.G AJI BHAAN, URUKUNNU COLONY JUNCTION, K.K.NAGAR, URUKUNNU.P.O., PIN-691308** - **62 ALPHONSA RAJU** - **W/O. RAJI GEORGE (LATE), ANJILIMOOTIL VEEDU,** ## **OTTAKKAL.P.O., THENMALA, PIN-691308** - **63 ALIFATHUMMA** - **W/O. SHAHUL HAMEED, RAILWAY PURAMBOKE, THENMALA PO, PIN-691308** - **64 AMENA.M., H/O. SHAFINA, KADAMBUMOOTIL VEEDU, THENMALA, PIN-691308** - **65 AMMINI THANKACHAN, W/O. THANKACHAN, VADKKATHU VEEDU, OTTAKKAL, PIN-691308** - **66 ANDREWS, H/O. PODI AMMA, EASFIELD ESTATE, POONTHOTTAM, PIN-695026** - **67 ANIL KUMAR,H/O. SHYLAJA KUMARA, EZHUTHIL VEEDU, OTTAKKAL.P.O., PIN-691308** - **68 ANIL KUMAR H/O. GEETHA KUMARI.O., IS FIELD ESTATE, 2ND DIVISION, KAZHUTHURUTHY.P.O., PIN-691308** - **69 ANNAI EASFIELD ESTATE, POONTHOTTAM, PIN-695026.** - **70 ANNAMMA AJITH BHAVAN, URUKUNNU.P.O., PIN-691329** - **71 APPUKUTTAN.R. H/O. REMA DEVI, ISFIELD ESTATE, NEDUMPARA, KAZHUTHURUITHY.P.O., PIN-691329.** - **72 ARJUNAN, H/O. PRAMEELA, KURUVANTHAVALOM ESTATE, MAMBAZHATHARA.P.O., 50 EKKAR MAMBAZHATHARA, PIN-691328.** - **73 ARUMUKHAM H/O. SAJINI SURYA BHAVAN, RAILWAY PURAMBOKE, THENMALA, PIN-691308** - **74 ASWANI SHIJU W/O. SHIJU.V, SHIJU VILASOM, LEKSHAM VEEDU.** - **75 AYYAPPAN. K., RIYA ESTATE, PIN-691329** - **76 AYYAPPAN.D. H/O. BETTYMOL, MURUKA VILASOM, THENMALA, PIN-691308** - **77 BABU** - **H/O. PADMAVATHY, AMBANAT ESTATE, MIDDLE DIVISION, AMBANATTU KAZHUTHURUTHY.P.O., PIN-691308** - **78 BABU.G, H/O. INDIRA, ANOOP VILASOM URUKUNNU.P.O.,** ## **PIN-691329** - **79 BABU.G., H/O. SREELATHA KRIPA, RAILWAY PURAMBOKE, THENMALA, PIN-691308** - **80 BEHANAN** - **H/O. MINI, NAGAMALA ESTATE, LAYAM, NAGAMALA, MAMBAZHATHARA.P.O., PIN-691329.** - **81** ## **BALAKRISHNAN** - **H/O. GRACY, KIP LABOUR COLONY, THENMALA DAM, PIN691308** - **82 BALA SUBRAMANIAM W/O. KASI AMMA, NAGAMALA ESTATE, KAZHUTHURUTHY.P.O., THENMALA, PIN-691308** - **83 BHARATHY NELLI MUKALIL PUTHENVEEDU, THENMALA, PIN-691308** - **84 BHARATHY W/O. KOCHUKRISHNAN, KANAL PURAMBOKE, AK NAGAR, URUKUNNU, PIN-691329** - **85 BHAVANI NANU (FATHER) RAILWAY PURAMBOKE, THENMALA PO, PIN-691308** - **86 BIJI W/O. UDAYA KUMAR, ANANDA BHAVAN, THENMALA PO, PIN691308** - **87 CHANDRAN PILLAI H/O. MAYACHANDRAN, SIVA VILASOM, THENMALA .PO., THENMALA, PIN-691308** - **88 CHELLADRAI H/O. VELAMPA, KIP LABOUR COLONY, THENMALA DAM PO, PIN-691308** - **89 CHELLAMMMA W/O. SIVARAMAN, 50 ACRE KURUVANTHAVALOM, NAGAMALA, MAMBAZHATHARA.P.O., PIN-691329** - **90 DANIEL** - **H/O. THANKAMMA, IS FIELD ESTATE, 2ND DIVISION, KAZHUTHURUTHY.P.O., PIN-691308** - **91 DEVADAS** - **H/O. DEVAKANI MIDDLE DIVISION ESTATE LAYAM, AMBANT, PIN-691308** - **92 EBRAHIM** ## **H/O. HAJIRA BEEVI, KURUVANTHAVALOM ESTATE,** ## **MAMBAZHATHARA.P.O., 50 ACRE, PIN-691329** ## **93 ALEYAMMA** - **W/O. GEORGEKUTTY, JOY VILASOM, URUKUNNU.P.O., PIN691329** - **94 GANAPATHY** - **EASFIELD ESTATE, KAZHUTHURUTHY P.O., POONTHOTTAM, PIN-695026** - **95 GANESAN** - **H/O. GEETHA EASFIELD ESTATE, NAGAMALA, KAZHUTHURUTHY.P.O., 2ND DIVISION, KOLLAM, PIN691308** - **96 GOPALAKRISHNA PILLAI H/O. THANKAMANI, BINDU VILASOM, DIPPO KOMPOUND, THENMALA, PIN-691308** - **97 GOPALAN H/O. VIJAYAMMA, PUTHENVILA, OTTAKKAL, PIN-691308** - **98 GOVINDA RAJ** - **H/O. MUNIYAMMA METHIL DIVISION, AMBANATT, PIN691329** - **99 GOWRI W/O. PAPPU, PURAMBOKE, URUKUNNU.P.O., PIN-691329** - **100 HANEEFA H/O. RASHEEDA BEEVI, ALANKARATHU VEEDU, URUKUNNUI.P.O., PIN-691308** - **101 HASSAN BEEVI** - **H/O. SAIDALI, HUSSAIN VILASOM, THENMALA PO, PIN691308** - **102 EBRAHIM** - **W/O. NABEESA ISFIELD ESTATE, 2ND DIVISION, KAZHUTHURUTTY.P.O., PIN-691308** - **103 INDIRA W/O. SASI.T.C., THUNDUPARAMBIL VEEDU, URUKUNNU.P.O., PIN-691308** - **104 JALALUDEEN H/O. RAJEENA BEEVI, PLAMOOTIL VEEDU, KAZHUTHURUTTY.P.O., THENMALA, PIN-691308** - **105 JAMEELA BEEVI KANAL PURAMBOKE, URUKUNNU.P.O., PIN-691308** - **106 JAMEELA BEEVI** ## **W/O. USMAN RAWUTHAR, THANNIVIL HOUSE, THENMALA PO, PIN-691308** - **107 JOH JACOB H/O. ROSAMMA, KURIATHI PUTHENVEEDU, NETHAJI JUNCTION, URUKUNNU.P.O., PIN-691308** - **108 JOSE.V.J. H/O. HESSY JOSE, VADAKKEDATHU VEEDU, URUKUNNU.P.O., PIN-691308** - **109 JOSEPH.G.** - **H/O. MOLIKUTTY, CHARUVILA PUTHEN VEEDU, OTTAKKAL, PIN-691308** - **110 JYOTHISH KUMAR W/O. CHANDRALEKHA, SUSEELA BHAVAN, RAILWAY PURAMBOKE, THENMALA, PIN-691308** - **111 JYOTHI BHAVAN W/O. VIJAY KUMAR, SUSEELA BHAVAN, THENMALA .P.O., THENMALA, PIN-691308** - **112 KANNI MARIYA W/O. MUTHU, MEDIL DIVISION, AMBANATTU.P.O., PIN691329** - **113 KARTHYANI W/O. KUTTAN NAIR, MOHANAVILASOM, RAILWAY PURAMBOKE, OTTAKKAL, OTTAKKAL.P.O., PIN-691308** - **114 KARUPAYYA H/O. PANDIAMMA, NAGAMALA ESTATE, KAZHUTHURUTTI.P.O., KOLLAM, PIN-691308** - **115 KARUPPASWAMI H/O. VELLATHAI, NAGAMALA ESTATE, PIN-691308** - **116 KARUPPASWAMI H/O. ROSAMMA, AMBANADU ESTATE, LAYAM MIDDLE DIVISION, AMBANTTU, KAZHUTHURUTHY.P.O., PIN-691308** - **117 KRISHNAMMAL W/O. VIJAYAN, RAILWAY PURAMBOKE, THENMALA PO, PIN691308** - **118 KRISHNAN H/O. GEETHA, EASFIELD ESTATE, DIVISION NO.1, NEDUMBARA, KAZHUTHURUTHY.P.O., PIN-691308** - **119 KRISHNANKUTTY.T.K. H/O SAKUNTHALA, THANNIKKAL VEEDU, THENMALA PO, PIN691308** - **120 KULSAM BEEVI W/O. HAJU MAITHEEN, ANSAR MANZIL, KANAL PURAMBOKE, URUKUNNU, PIN-691329** - **121 KUJUMOL** - **W/O. CICIL JOHN, SIJO BHAVAN, THODUPURAMBOKE, OTTAKKAL, PIN-691308** - **122 KUNJUMON. A.** - **H/O. LISSY KUNJUMON, UDAYANMUTTATHU VEEDU, OTTAKKAL.P.O., THENMALA, PIN-691308** - **123 KUZHALAMANI AMBANADU ESTATE, LAYAM, MIDDLE DIVISION, KAZHUTHURUTHY.P.O., PIN-691308** - **124 LEKSHMANAN PILLAI H/O. JALAJA, AGHILESH BHAVAN, NEAR RAILWAY STATATION, THENMALA, PIN-691308** - **125 LEKSHMI W/O. RAVEENDRAN (LATE), SINDHU BHAVAN, URUKUNNU, THENMALA, PIN-691308.** - **126 LEKSHMIKUTTY W/O. SWAMINATHAN, VINOD BHAVAN, RAILWAY PURAMBOKE, THENMALA, PIN-691308** - **127 LEKSHMI.C.S. W/O. MOHANAN NAIR, REMA BHAVAN, THENMALA .P.O., THENMALA, PIN-691308** - **128 LEKSHMIKUTTY W/O. KARUPPAYYA, EASFILED ESTATE, NEDUMPARA, PIN69580** - **129 LISSY W/O. JOSE, SRUTHI BHAVAN, URUKUNNU.P.O., URUKUNNU, PIN-691329** - **130 LIJIMOL W/O. KOSHI KUNJU, MULLASSERI VEEDU, THENMALA .P.O., PIN-691308** - **131 MADASWAMI** - **H/O. GIRIJA, MAYA BHAVAN, RAILWAY PURAYIDOM, THENMALA, PIN-691308** - **132 MADANAN** - **H/O. VANAJA MANUVILASOM, KANAL PURAMBOKE, URUKUNNU.P.O., PIN-691329** - **133 MAIMOON DEVI** - **WW/O. AZEEZ.M., RAILWAY PURAMBOKE, THENMALA, PIN691308** - **134 MANI** - **W/O. RAJU.K., ALAYIL VEEDU, URUKUNNU.P.O., PIN691329** - **135 MANI.S.E. H/O. CHELLAMMA, EASFIELD ESTATE, NO.1, DIVISION, NEDUMPARA, KAZHUTHURUTHY.P.O., KOLLAM, PIN-691308** - **136 MANIYAN.S.** - **H/O. CHANDRAMATHY, KUNNUMPURATH VEEDU, URUKUNNU.P.O., URUKUNNU, PIN-691329.** - **137 MANJULA SAJI W/O. SAJI.P., AJIT BHAVAN, ANDOOR PACHA, URUKUNNU.P.O., PIN-691329** - **138 MANOHARAN.P. H/O. VILASINI, NERAPPUVILA VEEDU, URUKUNNU.P.O., PIN-691329** - **139 MANOJ DIVAKARAN W/O. RAJAM MANOJ, 50 ACR KURAVANTHAVALAM, NAGAMALA, NAMBUZHATHARA.P.O., IDAMON, PIN-69580** - **140 MANOMUTHU H/O. RAMALEKSHMI, MEDIL DIVISION, AMBANATTU.P.O., PIN-691329** - **141 MARIYAMBEEVI W/O. BASHEER, ESTATE LAYAM, KURUVANTHVSLOM ESTATE, NAMBAZHATHARA.P.O., PIN-69580** - **142 MARIYAMMA VINCENT 4 BLOCK PUTHEN VEEDU, RAILWAY PURAMBOKE, OTTAKKAL, PIN-691308** - **143 MARY** - **W/O. MUNIYANDI, ESTATE LAYAM, KURAVANTHAVALOM, MAPAZHATHARA.P.O., PIN-691329** - **144 MARY** - **W/O. MURUKESAN, ESTATE LAYAM, NAGAMALA ESTATE, NAGAMALA, KAZHUTHURUTHY.P.O., PIN-691309** - **145 MARYPAPPA** - **W/O. JOHN, AMBNADU ESTATE, MIDDLE DIVISION, AMBANATTU.P.O., PIN-691329** **146 MASOOD** ## **H/O. NISA, ANJILIVILA VEEDU, OTTAKKAL.P.O., THENMALA WEST, PIN-691308** - **147 MASOODAPPA** - **H/O. MUHANATHU BEEVI, PALMOOTIL VEEDU, THEMALA, KAZHUTHURUTHY.P.O., PIN-691308** - **148 MOHANAN.K. H/O. SUJAYA DEVI, ISFIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.P.O., PIN-691309** - **149 MOLYKUTTY** - **W/O. KUNJU KUNJU, SHERLY BHAVAN, URUKUNNU.P.O., PIN-691329** - **150 MASHA H/O. MARI, MEDIL DIVISION, AMBANTTU.P.O., PIN691329** - **151 MUNEER. A. KANAL PURAMBOKE, URUKUNNU.P.O., PIN-691329** - **152 MURRAYSWAMI H/O. ARUMKUYIL, NAGAMALA ESTATE, JAGAMALA, KAZHUTHURUTHY.P.O., PIN-691309.** - **153 MURUKAYYA H/O. KRISHNAMMA, NAGAMALA ESTATE, KAZHUTHURUTY.P.O., THENMALA, PIN-691309.** - **154 MURUKAYYA.K. H/O. VIJAYA LEKSHMI, NAGAMALA ESTATE, KAZHUTHURUTHY.P.O., PIN-691309.** - **155 MURUKESH** - **H/O. MARI, MEDIL DIVISION, AMBANTT ESTATE, KAZHATHURUTHY.P.O., PIN-691309.** - **156 NAINAR** - **H/O. MUTHUMMAL, PLANTHOPPIL, OTTAKKAL, URUKUNNU.P.O., PIN-691309.** - **157 OMANA** - **W/O. SASI, ROADARIKATHU VEEDU, THENMALA, PIN691308.** - **158 OMANA W/O. SOMAN, VINEETHA BHAVAN, URUKUNNU, PIN-691329.** - **159 OMANA** - **W/O. GANGADHARAN, MANTHARATHU VEEDU, THENMALA, PIN691308.** ## **160 PALANI AMMAL** - **W/O. SUBRAMONYAM, IS FIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.P.O., PIN-691309.** - **161 PALDURAI H/O. MUTHU, EESTATE LAYAM, NAGAMALA ESTATE, NAGAMALA, KAZHURTHURUTHY.P.O., PIN-691309.** - **162 PAPPATHI H/O. BHAGAVATHI, NAGAMALA ESTATE, KAZHUTHURUTHI P.O., PIN-691309.** - **163 PAPPNAKSHI ESTATE LAYAM, AMBANATTU ESTATE, AMBANTTU MIDDLE, KAZHUTHURUTHI, PIN-691309.** - **164 PARAMASIVAN H/O. KANTHYMATHY, NAGAMALA ESTATE, LAYAM, KAZHUTHURUTHY, PIN-691309.** - **165 PARUKUTTY W/O. SIVANKUTTY ACHARY, AMAKULLAM, KIZHAKKATHIL, URUKUNNU.P.O., PIN-691329.** - **166 PATHUMMA BEEVI W/O. ABDUL LATHEEF, PLAMOOTIL PUTYEN VEEDU, THENMALA, OTTAKKAL, PIN-691308.** - **167 PERUMAL H/O. MINI, MANI VILASOM, URUKUNNU, PIN-691329.** - **168 PONNAMMA W/O. KUNJUKRISHNA PILLAI, REGHU VILASOM, RAILWAY PURAMBOKE, THENMALA, PIN-691308.** - **169 PRAKASH.K. H/O. SOUMYA, ESTATE LAYAM, AMBANATTU ESTATE LOWER DIVISION, AMBANATTU, KAZHUTHURUTHI.P.O., PIN691309.** - **170 PRASANNA KUMARI W/O. MARIYAPPAN, DIVYA BHAVAN, RAILWAY PURAMBOKE, KOLLAM,691325.** - **171 PRATHIBHA W/O. BINDU, VICHU BHAVAN, URUKUNNU.P.O.,M PIN691359.** - **172 PRINCE H/O. DAISY, ANGADIKKAL PUTHEN VEEDU, OTTAKKAL.P.O., PIN-691308.** ## **173 PRIYA RAJENDRAN** **W/O. RAJENDRAN, AISHWARYA BHAVAN, RAILWAY PURAMBOKE, THENMALA PO, PIN-691308.** - **174 PURUSHOTHAMAN H/O. ANANDAVALLI, NAGAMALA ESTATE,** - **KAZHUTHURUTHI.P.O., THENMALA, PIN-691308.** - **175 PURUSHOTHAMAN** - **H/O. CHELLAN, EAS FIELD ESTATE, NEDUMPARA, KAZHUTHURUTHI.P.O., KOLLAM, PIN-691309.** - **176 PUSHPAMMAL** - **W/O. THIRUMALA PILLAI, SARASWATHY VILASOM, THENMALA, PIN-691308.** - **177 PUSHAPAN NAIR** - **H/O. SANTHAMMA, PANAYIL PUTHEN VEEDU, 5 BLOCK, OTTAKKAL, PIN-691308.** - **178 PUSHPAVATHY MAHESH BHAVAN, OTTAKKAL.P.O., THENMALA, PIN-691308.** - **179 RADHAKRISHNA PILLAI H/O PUSHPAVALLI, RAJITHA BHAVAN, RAILWAY PURAMBOKE, THENMALA .P.O., THENMALA, PIN-691308.** - **180 RADHAKRISHNA PILLAI W/O. MALLIKA, RAMESH BHAVANAM, THENMALA, KOLLAM, PIN-691308.** - **181 RAJA** - **H/O. SELVI, ESTATE LAYAM, NAGAMALA ESTATE, NAGAMALA, KAZHUTHURUTHI.P.O., PIN-691309.** - **182 RAJAMMA W/O. GOPINATHAN, RAILWAY PURAMBOKE, THENMALA, PIN691308.** - **183 RAJAMMAL** - **W/O. SIVAN PILLAI, MELETHIL PUTHEN VEEDU, THENMALA, PIN-691308.** - **184 RAJAN.T.** - **W/O. GEETHA KUMARI S, SURENDRA VILASOM, THENMALA, PIN-691308.** - **185 RAJAPPA** - **W/O. PUSHPA, ASWATHY BHAVAN, RAILWAY PURAMBOKE, THENMALA PO, PIN-691308.** - **186 RAJENDRAN.K.** **REJANI BHAVAN, THENMALA, PIN-691308** ## **187 RAJENDRAN.K.** - **H/O. VASANTHA, NAGAMALA ESTATE, LAYAM, NAGAMALA, KAZHUTHURUTHI, PIN-691309** - **188 RAJESH** - **H/O. MALLIKA, NAGAMALA ESTATE, KAZHUTHURUTHI.P.O., KOLLAM, PIN-691309** - **189 RAJU.K. W/O. THANKAMMA, PUTHENPURAKKAL VEEDU, URUKUNNU.P.O., PIN-691328** - **190 RAJU.P. W/O. LEELAMMA, ESTATE LAYAM, KURUVANTHAVALOM ESTATE MAMBAZATHARA.P.O., PIN-691328** - **191 RAMAKRISHNAN.C. H/O. MUTHULAKSHMI, MEDIL DIVISION, AMBANATTU ESTATE, AMBANATTU P.O., PIN-691309** - **192 RAMASWAMI.G. H/O SARADA, EASFIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.P.O.KOLLAM, PIN-691329** - **193 RAMAYA PILLAI H/O. PONNAMMA, NAGAMALA ESTATE LAYAM, NAGAMALA, KAZHUTHURUTHI, PIN-691309** - **194 RANI W/O. BALAKRISHNAN, KAIPILLAVILASOM, RAILWAY PURAMBOKE, THENMALA PO, PIN-691308** - **195 RASEENA W/O. SHIHAB, SHIFAN MANZIL, OTTAKKAL.P.O., THENMALA, PIN-691308** - **196 RAVEENDRAN PILLAI H/O. RADHAMMA, CHARUVILA PUTHEN VEEDU, OTTAKKAL, PIN-691308** ## **197 REJANI W/O. PRASAD, ADARSH BHAVAN, URUKUNNU, PIN-691328** - **198 REJI H/O. THANKAMMA, AMBANNTU, LAYAM, AMBANTTU.P.O., KAZHUTHURUTHI, PIN-691309** - **199 SABEENA W/O. SALEEM, NIZA MANZIL, 13, NEAR KANNARA IRON, KAZHUTHURUTHY.P.O., PIN-691309** ## **200 SADHANATHAN.V.N. H/O. ANU, NAGAMALA ESTATE, KAZHUTHURUTHY.PO.,** ## **THENMALA, PIN-691309** ## **201 SAJITHA** - **W/O. SAJEEV, SRUTHY VILASOM, URUKUNNU.P.O., OTTAKKAL, RAILWAY DIVISION, PIN- 691308** - **202 SAJIVUDEEN** - **H/O. RASEENA MOL, ATHIKKATHARAYIL, URUKUNNU.P.O., PIN-691328** - **203 SAKUNTHALA.A. W/O. GOPI.G., SAKUNTHALA VILASOM, THENMALA, PIN691308** - **204 SALAHUDEEN.S. H/O. RASHEED BEEGUM, PUTHEN VEEDU, OTTAKKAL.P.O., PIN-691308** - **205 SANAL KUMAR.S. H/O. AMBY SANAL, KIP COURTERS, THENMALA DAM.P.O., PIN-691308** - **206 SARASAMMA W/O. RAMAYYA, HARRISONS MALAYALAM, ISFIELD ESTATE, 2ND DIVISION, KAZHUTHURUTHY.P.O., PIN-691308** - **207 SARASWAMMA W/O. KUMARA PANICKER, PUSHPAMANGALATHU VEEDU, THENMALA, PIN-691308** - **208 SARASAMMA W/O. CHELLAPPAN ACHARI, EASFIELD ESTATE NO.2 DIVISION, KAZHUTHURUTHY.P.O., PIN-691308** - **209 SAROJA W/O. NADARAJAN, AMBATTU LAYAM, ARYANKAVAU, PIN691308** - **210 SAROJA VINEETH W/O. VINEETH, KIP LABOUR COLONY, THENMALA DAM.P.O., PIN-691308** - **211 SASIKALA W/O. BIJU, BUJU VILASOM, ANDOOR PACHA, URUKUNNU, PIN-691308** - **212 SATHI.U. W/O. DILEEP KUMAR, KRISHNA BHAVAN, THENMALA, PIN691308** - **213 SATHIJAMMA W/O. SALIM, KIP COLONY, THENMALA DAM, PIN-691308** - **214 SEKHAR** - **H/O. MARIAMMA, KIP COLONY, THENMALA DAM PO, PIN691308** - **215 SELVARAJ** - **PULIMOOTTIL VEEDU, RAILWAY PURAMBOKE, THENMALA, PIN-691308.** - **216 SHAINI. R. RAJANI VILASOM, URUKUNNU, PIN-0691308** - **217 SHAMSUDEEN H/O. BASHEERA BEEVI, PLAMOOTTIL VEEDU, RAILWAY PURAMBOKE, URUKUNNU, PIN-691328** - **218 SHANMUKHAM H/O. MUTHU LEKSHMI, KIP LABOUR COLONY, THENMALA DAM, PIN-691308** - **219 SHEEJA W/O. MATHEW THOMAS, SONA BHAVAN, URUKUNNU.P.O., PIN-691309** - **220 SHEEJA W/O. SIDIQ, ALI MANZIL, PULIMUKKU, OTTAKKAL.P.O., PIN-691328.** - **221 SHOBHAQNA W/O. MOHANAN, ASWANI BHAVAN, THENMALA PO, PIN691308.** - **222 SIBIL BABU NAGAMALA ESTATE LAYAM, NAGAMALA, KURUVANTHAVALOM, MAMBAZHATHARA.P.O., PIN-691308** - **223 SINDHU W/O. MANIKANTAN, ANITHA BHAVAN, OTTAKKAL.P.O., PIN – 691308** - **224 SINDHU.S** - **W/O. SURESH KUMARI, SUKESH BHAVAN, 7 URUKUNNU, THENMALA, PIN-691308.** - **225 SINDHU.C** - **W/O. RAMALINKAM, MEENU BHAVAN, OTTAKKAL.P.O., THENMALA, PIN-691308.** - **226 SINDHU.N.** - **SURESH VILASOM, THENMALA, PIN-691308.** - **227 SIVA PRASAD** - **H/O. SATHY BHAI, VISHNU BHAVAN, KANAL PURAMBOKE, URUKUNNU.P.O.,PIN-691328** - **228 SOMA RAJAN H/O. CHANDRIKA, ESTATE LAYAM, MIDDLE DIVISION, AMBANATTU, KAZHUTHURUTHY.P.O., PIN-691308** - **229 SUSAN EBRAHAM** - **W/O. GEORGE KUTTY.K.L., KUNNUTHARA VEEDU, OTTAKKAL.P.O., PIN-691308** - **230 SOPNA** - **W/O. PAHNI MURUKAN, ESTATE LAYAM, NAGAMALA ESTATE, NAGAMALA, KAZHUTHURUTHY.P.O., PIN-691328** - **231 SREEKALA W/O. SANTHOSH, ANANDHU BHAVAN, RAILWAY PURAMBOKE, THENMALA, PIN-691328.** - **232 SUBAIDA BEEVI W/O. SHOUKKATHALI, PUTHEN VEEDU RAILWAY PURAMBOKE, OTTAKKAL, PIN-691328.** - **233 SUBRAMANIYA PILLAI H/O. USHA, NISHA BHAVANAM, THENMALA PO, PIN-691328.** - **234 SUBRAMANIYAM W/O. RAJESWARI, KIP LABOUR COLONY, THENMALA DAM PO, PIN-691309.** - **235 SUDAKARAN H/O. SELVI, AMBANDU ESTATE, MIDDLE DIVISION, AMBANATTU.P.O., PIN-691308** - **236 SUDAKARAN ANIL VILASOM, URUKUNNU, PIN-691308** - **237 SUDARSANAN H/O. SHOBHANA, RAILWAY PURAMBOKE, THENMALA PO, PIN691309.** - **238 SUDHAN** - **H/O. USHA , ESTATE LAYAM, KURUVANTHAVALOM ESTATE, MAMBAZHATHARA.P.O., PIN-691329** - **239 SUDHARMA, PUSHPA VILASOM, URUKUNNU, PIN-691308** - **240 SUJATHA W/O. MOHANAN, SHANMUGA VILASOM, KANAL PURAMBOKE, URUKUNNU.P.O., PIN-691308** - **241 SUJATHA W/O. VIJAYAN, PLAVILA VEEDU, URUKUNNU.P.O., PIN691308** ## **242 SUJATHA** - **W/O. SAJI KUMAR, MALU BHAVAN, OTTAKKAL, PIN-691308** - **243 SULAIMAN H/O. FATHIMA, SHANAVAS MANZIL URUKUNNU.P.O., PIN691308** - **244 SULOCHANA AALAYIL VEEDU, URUKUNNU.P.O., PIN-691308** - **245 SULOCHANA.K W/O. SARASAN, SAJI VILASOM, URUKUNNU.P.O., URUKUNNU, PIN-691308** - **246 SUMANGALA W/O. SANNI, SANEESH BHAVAN, KAMPILINE, OTTAKKAL, PIN-691308.** - **247 SUMATHI W/O. SIVALINGA NADAR, MANIKANDA VILASOM, KAMPILINE, OTTAKKAL, PIN-691308** - **248 SUMATHY.N. W/O. UTHAMAN, PRASANNA SADANAM, THENMALA PO, PIN691309.** - **249 SUMATHIYAMMA W/O. VIJAYA PILLAI,VINEESH BHAVANAM, THENMALA, PIN691309.** - **250 SUNDAR RAJ H/O. RUGMINI, RIYA ESTATE, THENMALA.P.O., THENMALA, PIN-691309.** - **251 SUNDARARAJ W/O. SELVI, MIDDLE DIVISION, AMBANTTU.P.O., PIN691309** - **252 SUNIL KUMAR H/O. RENJINI, AISHWARYA BHAVAN, THENMALA.P.O., PIN691309.** - **253 SUPPAYYA** - **W/O. EASAKKIYAMMA, PUTHULAYAM, KURUVANTHAVALAM, MAMBAZHATHARA.P.O., PIN-69308** - **254 SURESH H/O SHEEJA, RIYA ESTATE QUARTERS, THENMALA, PIN691309.** - **255 SUSEELA** - **W/O. SUDHAKARAN, SUBI BHAVAN, URUKUNNU, PIN-691308** - **256 SUSEELA** **W/O. RAJU, SURESH VILASOM, FOREST PURAMBOKE, THENMALA, PIN-691309.** - **257 SUSEELA** - **W/O. PADMAKARAN, EASFIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.P.O., KOLLAM, PIN-691329** - **258 THANKACHAN H/O. AMMINI, SOBIN BHAVAN, OTTAKKAL.P.O., PIN691329** - **259 THANKACHAN H/O. VALSALA, PARAKULATHU RAILWAY PURAMBOKKU,URUKUNNU, PIN-691308.** - **260 THANKAMMA W/O. WILSON, KAZHIYIL VEEDU, KANAL PURAMBOKKU, URUKUNNU.P.O., PIN-691308** - **261 THANKAMMA W/O. THANKAPPAN PILLAI, KIP LABOUR COLONY, THENMALA DAM .P.O., PIN-691308** - **262 THANKAMMA CHARUVILA VEEDU, RAILWAY PURAMBOKKU, THENMALA, PIN691309.** - **263 THANKARAJ H/O. LEKSHMI, NAGAMALA, ESTATE LAYAM, KAZHUTHURUTHY, PIN-691308** - **264 THULASI CHARUVILA PUTHEN VEEDU, OTTACHAL.P.O., THENMALA, PIN-691308.** - **265 UDAYAN H/O. SWAPANA, PARAVILA PUTHEN VEEDU, OTTAKKAL, PIN -691308** - **266 UMAIBA BEEVI W/O. PAREED, SHAMEER MANZIL, OTTAKKAL.P.O., PIN691308** - **267 UNNUNNI.C.** - **H/O. AMMINI, KURUVANTHAVALAM, ESTATE, ADIVETTU, LAYAM, MAMBAZHATHARA.P.O., PIN-691308** - **268 USHA W/O. PRAKASH, ANEESH BHAVAN, URUKUNNU.P.O., PIN691308** **269 VARGHESE. T** **H/O ROSAMMA CHARUVIL PUTHENVEEDU, KANAL PURAMBOKKU, URUKUNNU.P.O., URUKUNU, PIN-691308** - **270 VASANTHA W/O. MUTHU, ESTATE LAYAM, NAGAMALA ESTATE, NAGAMALA, KAZHUTHRUTHY.P.O., PIN-691308.** - **271 VASANTHA** - **W/O. BALU, EASFIELD ESTATE, NEDUMPARA, PIN-691308** - **272 VASANTHAKUMARI W/O. RAJAN, RAJEEV BHAVANAM, URUKUNNU, PIN-691308** - **273 VASUDEVAN PILAI H/O. SUSEELAMMA, THEKKUMKARA, CHARUVILA PUTHENVEEDU, OTTAKKAL.P.O., PIN-691308** - **274 VASUMATHY RATHEESH BHAVANAM, OTTAKKAL, PIN-691308** - **275 VELAYYA.R. H/O. MUTHAMMA, NAGAMALA ESTATE, NAGAMALA, KAZHUTHURUTHY.P.O., PIN-691308** - **276 VENU H/O. SOBHANA, ROADARIKATHU VEEDU NEAR MSL, THENMALA, THENMALA.P.O., PIN-691308.** - **277 VIDYADARAN.G. MANTHANATHU VEEDU, THENMALA.P.O., THENMALA, PIN691308** - **278 VIJAYAMMA** - **W/O. RAJENDRAN NAIR, RAJI BHAVAN, OTTAKKAL.P.O., PIN-691308** - **279 VIJAYAMMA W/O. RAVI.N.K., MELATHIL VEEDU, , THENMALA.P.O., THENMALA, PIN-691308** - **280 VIJAYAN.K.P. H/O. RAJAMMA, EASFIELD ESTATE, NEDUMPARA, KAZHUTHURUTHY.PO., PIN-691308** - **281 VIJAYAN.C.V. H/O. PARIMALA, PARIMALA VILASOM, , THENMALA.P.O., THENMALA, PIN-691308** - **282 VIJAYAN.T.P.** - **H/O. JAYAMOL THEKKIDAYIL VEEDU, URUKUNNU.P.O., PIN691308** ## **283 VISWANATHAN** **VISWANATHAN, H/O. PRAMILA, VISWA BHAVAN, , THENMALA.P.O., THENMALA, PIN-691308** ## **284 VIVEKANANDAN PILLAI** - **H/O. JAYAKUMARI, REMYA BHAVAN, , THENMALA.P.O., PIN-691308** - **285 YAMUNA.K.** - **W/O. SURENDRAN, RAILWAY PURAMBOKE, , THENMALA.P.O., PIN-691308** - **286 YESAMMA W/O. KARUPPAUSAMI, NAGAMALA ESTATE, KAZHUTHURUTHY.P.O., PIN-691308** - **287 GOMATHY.P. W/O. NANU.K., KURUVANTHAVALOM ESTATE, MAMBAZHATHARA.P.O., 50 EKKAR, PIN-691308** - **288 THANKAMANI** **ESTATE LAYAM, MIDDLE DIVISION, AMBANATTU, KAZHURHURUTHY.P.O., PIN-691308** - **289 S.BIJU, AGED 48 YEARS, S/O. RAMAKRISHNAN, LAKSHMI VIHAR, NEAR SHIVAN KOVIL, PUNALUR PO, 691305, KOLLAM DISTRICT.** **ADDL. R289 IS IMPLEADED AS PER ORDER DT.30.6.2016 IN IA 6034/16** ## **BY ADVS.** **GOVERNMENT PLEADER** **SRI.VINOY VARGHESE KALLUMOOTTILL SRI.M.K.CHANDRA MOHANDAS** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26.02.2019, ALONG WITH WP(C).26308/2013, THE COURT ON 21.03.2019 DELIVERED THE FOLLOWING:** ## **P.V.ASHA, J.** **----------------------------** ## **W.P.(C) Nos.26308 of 2013 & 632 of 2015 ---------------------------Dated this the 21[st] day of March, 2019** ## **JUDGMENT** Petitioners in both these cases are challenging the orders cancelling the kuthakappattam lease granted to their predecessor as per order dated 01.07.2013 followed by grant of pattas to 299 persons under the zero landless project as per Ext.P8 select list. As both these writ petitions relate to the very same issue, these writ petitions are disposed of by a common judgment. 2. The case of Kamaludheen Mussaliyar who is the petitioner in W.P.(C)No.26308/2013 is as follows: 11 acres and 27 cents of property comprised in sy.no.872/1/141, 143, 144, 145, 146, 147 and 150 in Thenmala Village was given to petitioner's father late Thangal Kunju Musaliyar, on kuthakappattam, by the Travancore Government more than 75 years ago. Out of that 60 cents was surrendered to Government for the Kallada Irrigation Project; the remaining 10 acres and 67 cents was in the absolute enjoyment and possession of late Thangal Kunju Musaliyar, denying the right if any of Government ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :25: over it; he did not pay kuthakapattom lease rent to Government and Government also did not take any action to realise the same from him; while so he executed Ext.P1 gift deed no.2342/1123 in favour of his children including Kamaludeen Musaliyar; pursuant to Ext.P1 deed, Kamaludeen Mussaliyar along with his sister and 3 brothers are enjoying the properties as absolute owners in open, continuous and peaceful possession since 1123 ME, in hostile animus, denying the title of the successive Governments and without any objection from Government, for more than 65 years; while so the Tahsildar, Pathanapuram Taluk-3[rd] respondent issued Ext.P2 show cause notice to the petitioner and his siblings on 25.05.2013 directing them to show cause why the kuthakappattam lease should not be terminated for violation of its terms and conditions, by executing a gift deed in favour of the petitioner and siblings; the notice was received on 14.06.2013, when they sought time for production of documents to prove their title. But the Tahsildar issued Ext.P3 proceedings dated 01.07.2013 informing that the property would be taken over and arrears of rent would be realised; no kuthakapattam documents were executed in 1964, as alleged in Ext.P3, ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :26: because even before 1964 late Thangal Kunju Musaliyar was in possession of the property and he parted with the same by executing Ext.P1 gift deed in 1123 ME. The properties covered by the gift deed would not have been on kuthakappatam after its execution. 3. The writ petition was filed at that stage on 25.10.2013, complaining that even after repeated requests and applications under the Right to Information Act, the respondents did not furnish the documents, which they requested. 4. In the counter affidavit filed by the respondents it was stated that the kuthakappattam lease was already cancelled on 01.07.2013 and Government took over possession of the property and distributed the same as per Ext.P7 series to 299 persons, as the petitioner or his siblings did not appear after the show cause notice was issued to them. The orders passed by this Court in the Original Petitions filed by the petitioner/his siblings were also pointed out stating that they themselves challenged the proceedings for realisation of Kuthakapattam rent. 5. The Writ Petition was amended after the respondents filed their counter affidavit, stating that OS No.195/2014 ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :27: was filed before the Munsiff Court, Punalur, in which an order of injunction was granted restraining the respondents from dispossessing the petitioner. The allegation of the petitioner is that Ext.P7 series are falsely created after interim order was passed by this Court and that respondents did not state the date on which possession was taken over. It is their case that it is practically impossible to divide the property within a period of three months. It is stated that the pattas were issued to 299 persons under rule 9(2) of the Land Assignment Rules to the persons included in Ext.P8 list. The petitioner stated that he never remitted any amount towards kuthakappattam arrears though the respondents had been threatening them to remit a sum of Rs.4,27,828/-. It is stated that payment made based on orders passed by this Court in O.P.No.7571/1991 will not give rise to any right on respondents to invoke any such right when they had already perfected their title. It is stated that the orders leading to forcible eviction were passed behind their back when they were not liable to be evicted or dispossessed after they had perfected their title by 1977. While challenging the show cause notice Ext.P2, the cancellation of kuthakappattam as per Ext.P3 ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :28: and the grant of patta in favour of 299 persons as per Ext.P7 series and P8 list of the beneficiaries under the landless scheme, the petitioners have also sought for a direction not to dispossess them and not to recover any lease amount from them and not to obstruct the petitioners from enjoying the property or distribute the property as threatened in Ext.P3. 6.In the affidavit filed by the 3[rd] respondent-the Tahsildar, Pathanapuram on 09.11.2013 it was stated that 11 acres and 27 cents of land comprised in Sy no. 872/1/141143, 144, 145, 146 and 150 of Thenmala Village in Pathanapuram Taluk was leased out to late Thangal Kunju Mussaliyar as per KP Nos.12/64,13/64,14/64 and 221/125; after his death the land was in joint possession and enjoyment of his children and they remitted kuthakapattam dues at pre-revised rates upto 1998. The lease rent was revised from 19.12.1985. Sri.Kamaludheen Musaliar submitted an application for lease of the land and while processing the same, a sum of Rs.4,27,828/- was found to be kuthakapattam (KP) arrears outstanding against the original KP holder. Accordingly a notice was issued on 14.12.1998 directing Kamarudheen Musaliyar to remit the arrears ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :29: failing which the land would be resumed by Government and his application would not be considered. Thereafter when Revenue Recovery proceedings were initiated the petitioner challenged the same in O.P.7571/1999 and interim stay was granted on condition of payment of a sum of Rs.One lakh and he remitted the same on 29.04.1999. That O.P was disposed of on 06.02.2008 and based on the direction he again paid a sum of Rs.50000/-. It is stated that he would have remitted the entire arrears, as he had not turned up for hearing. It was stated that the lessee acted in violation of Rule 26b(1) of the Kuthakapattam Rules 1947 by alienating the land to his children without previous sanction and therefore the Tahsildar who granted the lease is entitled to cancel the same without any notice. Petitioner or any of his siblings did not respond to the notice dated 25.05.2013 of the Tahsildar directing them to appear for personal hearing on 20.06.2013. Therefore the lease was cancelled as per order dated 01.07.2013 and the land was taken possession by the Village Officer for distribution of 3 cents each to the poor and landless persons. The entire land was distributed to 299 landless persons under the Government's Zero Landless Project, 2015. It was also ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :30: stated that the notice under Section 80 was received only on 07.08.2013. 7. The 2[nd] respondent has filed counter affidavit stating that 10.67 acres of land covered by Ext.P3 order was Government land as per the Basic Tax Register and Settlement Register of Thenmala Village. The land was issued under kuthakappattam on nominal fees without auction and therefore it can be taken over by Government for its own purpose and in public interest and also on violation of conditions of lease agreement, after serving notice under Section 15(4) of Kerala Land Assignment (KLA) Act. It is stated that the land was taken over after cancelling the lease with proper notice and it was distributed among landless poor people on 30.09.2013 itself. It is stated that 60 cents out of the 11.27 acres leased out to petitioner's father was taken over by Government for its own purpose for Kallada Irrigation Project after serving notice and the remaining land continued with him for which he continued to remit lease rent, thereby admitting the kuthakappattam lease. It is stated that the land covered by gift deed no.2342 of 1123ME in sy.872/1/141, 143, 144, 145, 146, 147 and 150 were not seen included anywhere. If at all ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :31: the kuthakappattam land was included in the gift deed, the lease granting order would get automatically cancelled ab initio. The petitioners did not have any absolute right, title or enjoyment or possession over the kuthakapattom land. Notice was issued to the petitioner and others under sec.15(4) of the Kerala Land Assignment Act to which the petitioners did not respond. Cancellation was ordered in that context. It is further stated that a special survey team headed by Tahsildar was constituted for fulfilling the dream project of Government envisaged to help the down trodden and they conducted survey using modern survey equipments in order to complete the project within the time limit. The property was thereafter divided into 299 plots and the list of beneficiaries was prepared. It is stated that the petitioners are owners of 61.35 acres of land in Thenmala Village alone and they don't have any legal right over the lease land. The cancellation was on the ground of violation of the condition namely alienation as well as non payment of lease rent for a long period. It is stated that the petitioners approached the Munsiff Court, Punlaur after the land was taken over and pattas were issued. 8. It is stated that Thangal Kunju Musaliyar, the W.P.(C) Nos.26308 of 2013 & 632 of 2015 :32: original kuthakapattom holder, expired in 1996 and thereafter his successors paid the lease rent till 1996-97 at pre-revised rate. When a sum of Rs.4,10,547/- was demanded from them they objected and approached this Court in OP No.7571/1999. 9. W.P.(C) No. 632/2015 is filed by the 4 siblings of Sri.Kamarudheen Mussaliyar. According to them late Thangal Kunju Musaliyar had purchased the property by virtue of various sale deeds including sale deed no.2381 of 1116 and 2478/1116 ME and that he was in possession pursuant to their predecessor's interest and thereafter by virtue of the gift deed executed by him petitioners continued as its absolute owners. According to them Kuthakappattam Rules were not in force in the year 1964. Those rules were framed in 1947 under Section 7 of the Government Land Assignment Regulation III of 1097 ME. Those Regulations were repealed by virtue of Travancore Cochin Government Land Assignment Act, 1950. That 1950 Act was repealed when Kerala Land Assignment Act 1960 came into force. By virtue of Section 9(3) of the KLA Act all rules which were in force under the Travancore Cochin Land Assignment Act 1950 or which were deemed to have been made under the 1950 Act stood repealed. ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :33: Therefore it is stated that the respondents did not have any authority to act under the repealed rules. It is their further contention that the gift has already been taken effect by the donees accepting the same. It is also stated that they are in possession of excess land along with their registered holdings as absolute owners. It is stated that the transfer took place in 1123ME which would be in 1913. The kuthakapattom is much after the gift deed. It is their further contention that respondents have not produced any document relating to the kuthakapattom. The petitioners were holding the property from 1913 onwards. Therefore the cancellation as well as the grant of lease are illegal, according to them. 10. In the counter affidavit filed by the 3[rd] respondent in WP(C) No.632/2015 the cases filed by the legal heirs of late Thangal Kunju Musaliyar against the Government and its officers are given in detail. It is stated that OP No.7571/1999 was filed by Kamaludeen Musaliyar the petitioner in WP(C) No.26308/2013, against the State of Kerala, District Collector and Tahsildar. WP(C) No.632/2015 is filed by 4 of his siblings. 3 of the siblings including Kamaludeen Musaliyar have filed OS W.P.(C) Nos.26308 of 2013 & 632 of 2015 :34: No.195/2014 before the Munsiff Court, Punalur. In all these matters the issue relates to kuthakapattom lease having an extent of 11.27 acres. It is stated that the law governing the Government land was Land Assignment Act III of 1097ME. Kuthakapattom Rules 1947 has came into force thereafter. Thereafter the Kerala Land Assignment Act, 1960 and Kerala Land Assignment Rules, 1964 were issued. It is stated that 20 cents of wet land in sy.no.872/1/146 and 40 cents of dry land in sy.no.872/1/147 was taken over by Government for Kallada Irrigation Project. For the remaining 10.67 acres of land the petitioners continued to remit the lease rent honoring the lease agreement till 1996-97. They did not protest the taking over of the 60 cents of land for Government purpose. The petitioners and other successors applied for revising the lease rent. It is pointed out that in gift deed No.2342/1123ME there is no mention about the kuthakapattom lease. The land includes wet land as well as dry land. 11. The 3[rd] respondent has in the affidavit filed along with IA No.15963/2017 in WP(C) No.632/2015, stated that petitioners were paying rent at the pre-revised rate till 1996-97 and on 17.9.1998. Thereafter 2[nd] petitioner filed ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :35: application (Ext.R3(a) series) on 17.11.1998 requesting for fresh lease at revised rent in the name of the legal heirs of late Thangal Kunju Musaliyar. Moreover when notice was issued to the legal heirs calling upon them to remit Rs.4,10,547/- they filed OP No.7571/1999 which was disposed of as per Ext.R3(c) judgment on 6.2.2008 directing that the demand notice shall be treated as a notice with respect to the initiation of proceeding and allowing the petitioners to raise their written objection. Tahsildar was directed to take a decision thereafter after affording an opportunity of hearing. Therefore it is stated that the petitioners did not have any claim as to their title based on the gift deed or otherwise. On the other hand they admitted the kuthakapattom lease granted in favour of late Thangal Kunju Musaliyar and the claim of the petitioners that the property covered by the gift deed were owned by late Thangal Kunju Musaliyar is baseless. It is also pointed out that both the writ petitions were filed when the original suit was pending. 12. Sri.G.S.Reghunath, the learned Counsel for the petitioner in WP(C) No.26308/2013 argued that cancellation is in violation of Sec.6 of the Transfer of Property Act, ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :36: according to which there should be 6 months notice for evicting a person from agriculture land. Relying on the judgment in _**Harrisons Malayalam Ltd. vs. State of Kerala**_ : **2014 (4) KLT 371** it was argued that the entire proceedings are in violation of Article 300A of the Constitution of India and no such eviction is permissible as held by this Court in _**Harikumar vs. State of Kerala**_ : **2013 (2) KLT 44** . It is also pointed out that the kuthakapattom Rules provided for two types of lease; one without time limit and one for a particular tenure. At any rate, there were no rules in force in the year 1964 and no proceedings were initiated under the Land Conservancy Act under which the authority to take action is the District Collector. Therefore, in the light of the judgment of this Court in _**A.S.No.367/1965 [1971 KLT SN 40]**_ eviction without notice is illegal. It was further argued that in the light of the judgment in _**Union of India and another vs. Sohan Lal Puglia : 2004 (1) SCC 768**_ peaceful and settled possession itself is better title and petitioners who were in peaceful possession since 1123ME were therefore having better title which cannot be taken away. Relying on the judgments in _**Janatha Tin Factory Ltd. vs. State of Kerala : 1987 (2) KLT**_ W.P.(C) Nos.26308 of 2013 & 632 of 2015 :37: _**SN 14**_ **,** _**Kerala State rep. By the Chief Secretary, Trivandrum**_ _**and others vs. Brijit and others : 2018 (2) KHC 521**_ , etc, it was argued that the impugned orders are issued without authority and illegal. It is also stated that an Advocate Commission has already filed Ext.P9 report before the Musiff Court, Punalur in OS No.195/2014. 13. The contention on behalf of the petitioners in WP(C) No.632/2015 is that any action for resumption is without authority. The 1935 Rules of Kuthakapattom Rules were repealed as per 1947 Rules. The Travancore, Cochin Government Land Assignment Act, 1950 has repealed the 1097 Regulations and sec.9(3) of the Land Assignment Act, 1960 has repealed the 1950 Act as well as the Rules framed there under. Sec 9(3) of the Land Assignment Act does not confer any power to cancel the kuthakappattom lease. Relying on the judgments in _**Vincy Cherian Cherian and others vs. State of Kerala and others : 2014 (1) KLT 372**_ (para 10 to 12), which is affirmed by the Supreme Court and _**Autumn Wood Resorts (Cloud 9) (M/s.), Munnar vs. State of Kerala and others : 2014 (3) KHC 305**_ , Sri.P.B.Krishnan, the learned Counsel appearing for the petitioners argued that the Tahsildar did not have any authority to proceed under the ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :38: Kuthakappattom Rules when the Act itself is repealed. A person can be deprived of his property only by a law under Article 300 A of the Constitution as held by the apex court in _**Hakam Singh vs. Gammon (India) Ltd. : AIR 1971 SC 740**_ , _**M.Far Hotels Ltd. vs. Union of India : 2005 (2) KLT 988**_ , _**Bishan Das and others vs. State of Punjab and others : 1961 KHC 740**_ , _**Shahul Hassan Musaliyar T.K. vs. State of Kerala and others : 2015 (4) KHC 615**_ (para.17, 21, 33), _**State of UP vs. Prasad Singh : 1989 (2) SCC 505**_ (para.30) etc. 14. Referring to Sec.111 (g) of the Transfer of Property Act Sri.Ranjith Thampan, the learned Additional Advocate General argued that the lease get determined once the lessee renounces the title. It was argued that the Kuthakapattom Rules, 1947 continues to be in force. As per clause 7 in form D of the Kuthakapattom the grantee shall not alienate the property covered by the kuthakappattom. The learned counsel argued that the question which arose in the judgment in _**Vincy Cherian's**_ case was in respect of Cardamom Rules. Under Rule 1A(iii) of the Kerala Land Assignment Rules 1964, the Land Assignment Rules would apply to the property covered by Kuthakapattom Rules. It is pointed out that Exts.R3(a) series of applications were ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :39: submitted in respect of the land covered by kuthakapattom no.141/64, 13/64, 221/125, 12/64 etc. The property was taken possession in accordance with Ext.R3(b) mahazar. From Ext.R3(a) series of applications submitted by them, it is clear that the petitioners were very well aware of the kuthakapattom. It is also pointed out that the pattas Ext.P7 series was issued on 28.09.2013 whereas the first writ petition was filed on 25.10.2013. Relying on the judgment of the apex court in _**Mandal Revenue Officer vs. Goundla Venkaiah and another : (2010) 2 SCC 461, A.A.Gopalakrishnan vs. Cochin Devaswom Board and Others : 2007 (4) KHC 374, Jagpal Singh and others vs. State of Punjab and others : 2011 KHC 4091**_ it was argued that it is the duty of the Court to protect the Government land. It is also argued that if at all the petitioners have any claim they have to approach the civil court. 15. The learned counsel for the petitioners argued that the pendency of the Original Suit cannot be said to be a reason for not entertaining the Writ Petition when there is illegality in the cancellation. Pointing out the judgments in _**Munnar Woods Partnership Firm vs. State of Kerala and others : 2009 (3) KHC 412, Vincy Cherian Cherian and others**_ W.P.(C) Nos.26308 of 2013 & 632 of 2015 **==> picture [18 x 9] intentionally omitted <==** _**vs. State of Kerala and others : 2014 (1) KLT 372**_ it was argued that the action of the respondents to deprive the petitioners from their property is contrary to the constitutional provision. It was also argued that 1947 Rules cannot be applied in this context, in the light of the judgment in _**M.Far Hotels Ltd. vs. Union of India : 2005 (2) KLT 988.**_ 16. Having heard the contentions on either side it is seen that the petitioners have filed a civil suit for declaration of their title over the very same property. The petitioner in WP(C) No.26308/2013 along with 2 of his siblings who are petitioners in W.P.(C) No.632 of 2015, filed O.S.No.195/2014 before the Punalur Munsiff Court seeking the following reliefs: _Therefor it is humbly prayed that this Honourable Court may be pleased to pass a decree against the defendants 1 to3 by allowing the following reliefs:_ _A. By declaring the title and possession of the plaintiff and defendants 4 to 7 over the plaint schedule property and that they are entitled to get Patta for the property in their favour and declare the order dt.1.7.13 as abinitio. B. For a perpetual injunction restraining defendants 1 to 3 from taking any steps to diposses the plaintiff and defendatns 4 to 7 of the plaint property and also from taking any steps fro assigning the plaint property or any portion thereof to the alleged allottees and_ _C. And by granting such other necessary and ancillary reliefs which the plaintiff pray during the course of the suit and which the court may deem fit to grant in the interest of justice._ That original suit is pending. It was filed during the ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :41: pendency of the first writ petition. A perusal of the relief sought in the OS would show that the petitioners who claim that they have been enjoying the possession since long do not have any patta. The prayers made in the civil suit are also against dispossession. The declaration sought is with respect to the order dated 1.7.2013 which is the order impugned in this writ petition. They have also prayed for a perpetual injunction restraining defendants 1 to 3 from taking any steps to dispossess them. Therefore the contentions raised by the learned Additional Advocate General that when the civil suit filed by the respondents is pending before the civil court, it is quite unnecessary to proceed with the writ petition raising the very same allegations. In this context the judgment of the Culcutta High Court in _**Amar Nath Roy and others vs. State of West Bengal and others : 2016 KHC 3009**_ relied on by the learned Additional Advocate General is relevant where it was held that selfsame dispute need not be entertained under Article 226 of the Constitution of India when a civil suit is pending. The judgment in _**Mandal Revenue Officer vs. Goundla Venkaiah and another : (2010) 2 SCC 461**_ also supports this proposition. W.P.(C) Nos.26308 of 2013 & 632 of 2015 :42: 17. The petitioners in both these writ petitions claim that they had been in absolute ownership, possession and enjoyment of the property in question since 1123ME and they enjoy the same openly without any objection from others including the respondents. But Ext.R3(a) series of applications (produced along with I.A. No.15963 of 2017 in W.P.(C) No.632 of 2015) submitted by Kamaludheen Musaliyar in November 1998, requesting for assignment of the very same land in their names on lease as well as Ext.R3(c) judgment dated 06.02.2008 in O.P No.7571/1999 would show that there is absolutely no boanfides in the contention of petitioners in both these cases and it would also show that the petitioners suppressed the said fact which led to the judgment Ext.R3(c). 18. Coming to the contention as to the enforceability of Kuthakapattam Rules or the validity of the action taken in cancelling the kuthakapattam lease, it is necessary to examine whether the Land Assignment Rules can be invoked for determining Kuthakapattam. From Kuthakapattam Rules, 1947 it is seen that those rules are framed under Section 7 of the Government Land Assignment Act III of 1097. Even though the Government Land Assignment Act III of W.P.(C) Nos.26308 of 2013 & 632 of 2015 **==> picture [18 x 9] intentionally omitted <==** 1097(Travancore) was repealed by Section 9 of the Travancore Cochin Government Land Assignment Act, 1950, Section 8 provided that all provisions, restrictions, conditions and limitations over, contained in any Pattah or other document evidencing an assignment of Government land or any interest therein shall be valid and take effect according to their tenor, any rule of law, statute, enactment or usage to the contrary notwithstanding. Similarly Section 9 of the Kerala Land Assignment Act, 1960 repealed the Travancore Cochin Government Land Assignment Act, 1950 and all rules deemed to have been made under that Act were also repealed. At the same time Section 8 validates all the assignments of Government lands or interests therein with the very same restrictions and conditions. Over and above that Rule 1A of Kerala Land Assignment Rules, 1964 provides the following: _1A. Exemptions: Nothing contained in these rules shall apply to or affect,-_ _xxxx_ _(iii) assignment of government lands under any special rules_ _**other than Kuthakapattam Rules of 1947** whether already made or to be made in respect of lands reserved for allotment under such rules;_ _xxxx_ In view of the aforesaid provisions the contention of the petitioners that Kuthakapattam or Kuthakapattam Rules, 1947 ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :44: ceased to exist and that therefore the respondents do not have any authority to exercise power, is unsustainable. Respondents have stated that the notices were issued under Rule 15(4) of the Kerala Land Assignment Rules, 1964. The notice is seen issued for violation of the conditions in the lease, which prohibits alienation. Alienation is not disputed by the petitioners. As per Rule 28 of the Kuthakapattam Rules, 1947, after sanctioning of lease the Tahsildar issued a grant in Form D along with a duplicate to be signed by the lessee. Form D provides for the conditions of Kuthakapattam, the description of the property, etc. Condition no.7 provides that lessee shall not alienate the lease without obtaining previous sanction of the officer who granted the lease. Condition no.9 provides for cancellation of lease either on termination without notice, or at any time with notice when the land is required for public purpose. Condition no.16 provides for proceedings under Revenue Recovery Act for recovery of loss sustained. Condiiton no.17 provides for resumption of land by the officer or authority who granted the lease, in the event of violation of any of the conditions, irrespective of the period of lease after a written notice to be served ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :45: on the lessee. On resumption it also provides for taking over possession. 19. As argued by the learned Additional Advocate General, the conditions in the grant of lease would be enforceable as held by the apex court in _**Shiv Chander More and Others vs. Lieutenant Governor and others : 2014 (11)**_ _**SCC 744**_ where the apex court considered a similar saving clause while repealing 1926 Regulations by the Andaman and Nicobar Islands Lands Revenue and Land Reforms Regulations, 1966. It was held that liability incurred under the repealed regulation would remain enforceable. The question, considered was whether a grantee under the 1926 Regulations has any right to continue in occupation beyond the period of 60 years, which is the period permissible under Regulation 146 of the 1966 Regulations, though there is no such provision under the 1926 Regulations. It was found that the expiry of the period of grant would oblige the grantees to surrender the possession to the administration and that the obligation or liability incurred under the 1926 Regulations would continue notwithstanding the repeal of the 1926 Regulations by the 1966 Regulations. 20. In this context it is also relevant to note clause W.P.(C) Nos.26308 of 2013 & 632 of 2015 **==> picture [18 x 9] intentionally omitted <==** g of Section 111 of the Transfer of Property Act, which reads as follows: _**111. Determination of lease** .— A lease of immovable property, determines—_ _(a) by efflux of the time limited thereby; xxxx_ _(g) by forfeiture, that is to say, (1) in case the lessee breaks an express condition which provides that on breach thereof the lessor may re-enter; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event; and in any of these cases the lessor or his transferee gives notice in writing to the lessee of his intention to determine the lease;_ 21. Therefore provisions are available even under other enactments for determination of lease. Therefore it is only just and proper for the petitioners to get the matter adjudicated in the civil court rather than resorting to parallel proceedings. 22. Though Sri.P.B. Krishnan, the learned Counsel for the petitioners relied on the judgment in _**Munnar Wood Parternership Firm's**_ case in support of the contention that Writ Petition will lie when a civil suit is pending, I find that petitioners cannot dispute that the land in question was assigned to their father on kuthakapattam lease, in view of Ext.R3(a) series of applications submitted in 1998 and Ext.R3(c) judgment of 2008 and their case is that they ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :47: have corrected their title as against all concerned. Such questions can only be adjudicated before a civil court. Similarly the contention in _**Munnar Wood Parternership Firm's**_ case was that Cardamom Rules were repealed and action under the provisions of those rules would not lie. But in this case apart from preserving the documents on assignment executed along with all restrictions, Rule 1A of Kerala Land Assignment Rules are made applicable to assignments of Government land made under Kuthakapatam Rules. Rule 1A specifically exempts assignments of Government land for cultivation of cardamom. The grant of Kuthakapatam in Form C as well as Rule 15(4) of Kerala Land Assignment Rules empowers the authority or officer who granted the lease to terminate the same. Therefore the authority of the respondents to issue orders cancelling the lease cannot be disputed. Even if Kuthakapatam Rules, 1947 stood repealed, as long as the restrictions and conditions on the grant are preserved and in view of Rule 1A of the KLA Rules, the rules applicable in this case and rules under which action is taken are different. Therefore, the dictum laid down in the judgments in _**Munnar Wood Parternership Firm's**_ case or in _**Vincy Cheriyan's**_ case as ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :48: well as _**Autum Wood Resorts (Cloud 9)'s**_ case relied on by the learned Counsel for the petitioners will not apply. 23. In the judgment in _**Shahul Musaliyar's**_ case the issue considered was whether the Kuthakapatam lease was heritable and whether the possession without renewal of lease was legal. There proceedings were initiated under the Land Conservancy Act. For that reason itself the judgments referred to in that judgment with respect to the existence of jurisdictional facts would not apply in this case. The factual circumstances were different in that case. In this case the case of the petitioners is that their father was enjoying the property as absolute owner by virtue of various sale deeds, despite their own applications like Ext.R3(a) series. Therefore the petitioners would be free to raise the question of title before the civil court. The petitioners who did not disclose the entire facts before this Court do not deserve any relief from this court. 24. The judgment in _**M Far Hotels'**_ case also will not apply in this case because there the repossession was based on a Government order. In this case proceedings are initiated against the petitioners under the Land Assignment Rules after issuing notice. Petitioners could have ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :49: approached the respondents and raised their contentions. The petitioners who refused to respond to the notice issued to them cannot be heard to contend that the action is illegal and that too when their contention is that such kuthakapattam itself did not exist. ## 25. The judgment in _**State of U.P. vs. Prasad Singh :**_ _**1989 KHC 304** w_ as with respect to the power for revoking and cancelling the permission to be exercised impartially. It was held therein that even after termination or expiry of lease the lessee continues to be in possession and forcible dispossession is prohibited. In this case the dispossession was effected after issuing show cause notice to which the petitioners did not respond. The judgment in _**M.Far Hotels Ltd. v. Union of India : 2005 KHC 729**_ or _**Bishan Das and others vs. State of Punjab and others : 1961 KHC 740**_ would not apply in this case because respondents have taken action for cancellation of kuthakapattom under the Land Assignment Rules. ## 26. The judgment in _**Harrisons Malayalam Ltd vs. State**_ _**of Kerala : 2014 (4) KLT 371**_ relied on by Sri.G.S.Reghunath, the learned Counsel for the petitioner in W.P.(C) 26308/2013 was with respect to the action under ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :50: the Land Conservancy Act. Findings in those case will not be applicable herein which is entirely different procedure. In _**Janatha Tin Factory Ltd. vs. State of Kerala : 1987 (2)**_ _**KLT SN 14 (C.No.17)**_ while considering the premature cancellation of a lease considered the question regarding the validity of cancellation of the lease granted in the year 1983. In that case it was found that the proceedings were issued only as a result of decision of Council of Minsters without following the procedure contained in rule 15 (4) of the Land Assignment Rules and therefore it was held illegal. The judgment in _**Kerala State represented by**_ _**the Chief Secretary, Trivandrum and others vs. Brijit and**_ _**others : 2018 (2) KHC 521**_ was a case where the plaintiff claimed ownership by way of adverse possession and limitation. The question regarding adverse possession and limitation raised in the OS which the petitioners have filed can be determined only on the basis of evidence. Therefore, that judgment will not apply in the present case also. It is also relevant to note that the petitioner in WP(C) No.26308/2013 when filed the writ petition on 25.10.2013 did not disclose the earlier writ petitions which he had filed. According to them they were in ## W.P.(C) Nos.26308 of 2013 & 632 of 2015 :51: continuous enjoyment, possession and ownership of the properties based on the documents executed in the year ME1123. But the judgment Ext.R3(c) would show that they themselves have approached this Court when recovery proceedings were initiated for realisation of arrears of lease rent and the petitioners in both these cases had submitted Ext.R3(a) series of petitions requesting for issuance of lease in their names. In other words they had requested for assignment of properties in their names stating that the respective extent of land were given to their late father by way of kuthakapattam in kuthakapattom nos.14/64, 13/64, 221/125, 12/64 etc. From Ext.R3(c) judgment in OP No.7571/1999, it is seen that the petitioner therein- K.Kamaludeen Musaliyar had stated that he had paid the lease rent till the year 1998. His complaint was that the amount was demanded towards lease rent. It is after filing such application for assignment and filing original petition before this Court that the very same Kamaludeen Musaliyar filed this writ petition stating that they have perfected their title by virtue of their possession and continued enjoyment since the year 1123ME. Though the writ petition was amended after the counter affidavit was filed, W.P.(C) Nos.26308 of 2013 & 632 of 2015 :52: the fact remains that the writ petition was filed suppressing material facts. Therefore, even assuming that the Kuthakapattom Rules got repealed the liability under that lease would continue and therefore the action taken against the petitioners cannot be said to be illegal and does not warrant interference under Article 226 of the Constitution. Petitioners who have already approached the civil court would be free to proceed with the same. No interference is called for in writ proceedings in such circumstances. Writ petitions are accordingly dismissed. ## **Sd/-** ## **P.V.ASHA** **JUDGE** rkc W.P.(C) Nos.26308 of 2013 & 632 of 2015 :53: ## **APPENDIX OF WP(C) 26308/2013** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXHIBIT P1- TRUE COPY OF THE GIFT DEED IN 1123 AS DEED NO. 2342 OF 1123 EXECUTED LATE MR. THANGAL KUNJU MUSALIYAR. EXHIBIT P2 EXHIBIT P2- TRUE COPY OF THE NOTICE A54465/95 DATED 25-5-2013 OF THE 3RD RESPONDENT.** **EXHIBIT P3 EXHIBIT P3- TRUE COPY OF THE PROCEEDINGS DATED 1-7-2013 OF THE 3RD RESPONDENT.** **EXHIBIT P4 EXHIBIT P4- TRUE COPY OF THE NOTICE SENT BY PETITIONER UNDER SECTION 80 OF C.P.C. TO THE 1ST RESPONDENT. EXHIBIT P4A EXHIBIT P4(A)- TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR EXHIBIT P4. EXHIBIT PAB EXHIBIT P4(B)- TRUE COPY OF THE ACKNOWLEDGEMENT RECEIPT FOR THE NOTICE UNDER SECTION 80 OF C.P.C. TO THE 2ND RESPONDENT. EXHIBIT P5 EXHIBIT P5- TRUE COPY OF THE APPLICATION FOR INFORMATION SENT TO THE STATE PUBLIC INFORMATION OFFICER AND DEPUTY THAHSILDAR.** **EXT.P6: TRUE PHOTOCOPY OF THE PLAINT IN OS NO.195/2014 WAS ALSO FILED BEFORE THE MUNSIFF'S COURT, PUNALUR** **EXT.P7: TRUE PHOTOCOPY OF THE PATTAS ISSUED UNDER RULE 9(2) OF THE LAND ASSIGNMENT ACT RECEIVED UNDER TEH SAID ACT.** W.P.(C) Nos.26308 of 2013 & 632 of 2015 :54: **EXT.P8: TRUE PHOTOCOPY OF THE ALLEGED SELECT LIST OF BENEFICIARIES UNDER THE ZERO LANDLESS PROJECT OBTAINED UNDER THE RIGHT TO INFORMATION ACT, 2005** **EXT.P9: TRUE COPY OF THE COMMISSION REPORT FILED IN OS NO.195/14 ON THE FILE OF THE MUNSIFF'S COURT, PUNALUR.** W.P.(C) Nos.26308 of 2013 & 632 of 2015 :55: ## **APPENDIX OF WP(C) 632/2015** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 EXHIBIT P1. COPY OF THE GIFT DEED NO.2342/1123 M.E. EXHIBIT P2 EXHIBIT P2. COPY OF TAX RECEIPT DATED 22.01.01.** **EXHIBIT P2A EXHIBIT P2(A).COPY OF THE TAX RECEIPT DATED 07.03.14.** **EXHIBIT P3 EXHIBIT P3. COPY OF THE NOTICE DATED 25.05.13 ISSUED BY THE TAHSILDAR, PUNALOOR. EXHIBIT P4 EXHIBIT P4. COPY OF THE PROCEEDINGS DATED 01.07.2013 OF THE TAHSILDAR, PUNALOOR. EXHIBIT P5 EXHIBIT P5. COPY OF THE PATTAS 1 TO 284.** **RESPONDENTS' EXHIBITS:** **ANNEX.R3(A)1 TO R3(A)4: TRUE COPIES OF THE APPLICATION SUBMITTED BY THE 2ND PETITION ON BEHALF OF HIMSELF AND THE OTHER LEGAL HEIRS OF LATE TANGAL KUNJU MUSALIAR IN RESPECT OF PARTIALS OF LAND ON LEASE WITH THE PREDECESSOR** **ANNEX.R3(B): TRUE COPY OF THE MAHAZAR PREPARED IN RESPECT OF TAKING POSSESSION OF THE PROPERTY IN QUESTION** **ANNEX.R3(C): TRUE COPY OF THE JUDGMENT DATED 6.2.2008** **ADVOCATE COMMISSIONER'S EXHIBITS:** **ANNX.C1: TRUE COPY OF THE NOTICES ISSUED BY THE ADVOCATE COMMISSIONER** W.P.(C) Nos.26308 of 2013 & 632 of 2015 :56: **ANNX.C2: TRUE COPIES OF THE SKETCHES PROVIDED BY THE THALUK OFFICE, PUNALUR** **ANNX.C3: TRUE COPY OF THE WORK MEMO PROVIDED BY THE COUNSEL FOR THE PETITIONER** **ANNE.C4: PHOTOGRAPHS OF THE PROPERTY.**