Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WP(C) NO. 334 OF 2022 PETITIONERS: 1 MOHANAN.S., AGED 70 YEARS SON OF SREEDHARAN, PADIKKAL CHEMMANAKARI, AKKARAPPADAM P.O., VADAKKEMURI, VAIKOM, KOTTAYAM, PIN-686 143. 2 SUSHAMA MOHANAN, AGED 65 YEARS WIFE OF MOHANAN, , PADIKKAL CHEMMANAKARI, AKKARAPPADAM P.O., VADAKKEMURI, VAIKOM, KOTTAYAM, PIN-686 143. 3 SOMAN, AGED 65 YEARS SON OF SREEDHARAN, PADIKKALPARAMBU, MANAPPURAM P.O., CHERTHALA, ALAPPUZHA, PIN-688 526. BY ADVS. R.ROHITH HARISHMA P. THAMPI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM ROAD, OPPOSITE ZOO, VIKHAS BAHVAN P.O., THIRUVANANTHAPURAM, KERALA-695 033. 2 THE KOTTAYAM DISTRICT COLLECTOR, KOTTAYAM DISTRICT COLLECTORATE OFFICE, KUMILY ROAD, COLLECTORATE, KOTTAYAM, KERALA-686 002. 3 THAHAZILDHAR(LAND RECORDS), 1ST FLOOR, MINI CIVIL STATION, WEST GATE ROAD, VAIKOM P.O., KOTTAYAM, PIN-686 141. 4 THAHAZILDHAR, 1ST FLOOR, MINI CIVIL STATION, WEST GATE ROAD, VAIKOM P.O., KOTTAYAM, PIN-686 141. 5 VILLAGE OFFICR, VADAKKEMURI VILLAGE, VAIKOM, UDAYANAPURAM P.O., KOTTAYAM, PIN-686 143. 6 KHATRUNISSA SIDDICK SAIT, AGED 65 YEARS W/O.MOAMMED SIDDICK SAIT, NOW RESIDING AT 34, SPENCER ROAD, ELEGANT SILVER OAK, 201, 2ND FLOOR, FRAZER TOWN, BANGALORE, KARNATAKA-560 005. 7 NOORJAHAN ANWAR, AGED 84 YEARS W/O.ANWAR, 28/1, 2ND CROSS, MUTHUKANAM PALYA, LAZAR ROAD, FRAZER TOWN, BANGALORE, KARNATAKA- 560 005. 8 KHATEEJA MEHMOD, AGED 84 YEARS W/O.MEHMOOD, TUSCAN TOWERS, APARTMENT NO.003, BACHMAL ROAD, COX TOWN BANGALORE, KARNATAKA-560 005. 9 TAYAB ZAINULABDIN, AGED 71 YEARS SON OF ZAINULABDIN, NOW RESIDING AT 401, 4TH FLOOR, NO.12, KENCHAPPA ROADCROSS, FRAZER TOWN, BANGALORE, KARNATAKA-560 005. 10 HAMEED ZAINULABDIN @ AMEED ZAINULABDIN, AGED 61 YEARS SON OF ZAINALBDIN, PLOT NO.6A, PMC ROAD, BEHIND PARSI CEMETERY, SADASHIVA NAGAR, BELGAM, BANGALORE, KARNATAKA-590 001. 11 RHANEEZ ZAINULABDIN, AGED 59 YEARS SON OF ZAINULABDIN, NO.24, 2ND FLOOR, ASHIYANA APARTMENT, 4 BOURDILLN ROAD (MM ROAD), FRAZER TOWN, BANGALORE, KARNATAKA-560 005. 12 PARVEEN SALEEM, AGED 58 YEARS SON OF SALEEM, NO.13, KELLY ROAD, 2ND FLOOR, KILPAUK, CHENNAI, TAMIL NADU-600 010. 13 AYAZ ZAINULABDIN SAID, AGED 57 YEARS SON OF ZAINULABDIN, FLAT NO.3, 1ST FLOOR, NO.6, BERACHAH APARTMENT, STEPHENS ROAD, FRAZER TOWN, BANGALORE, KARNATAKA-560 005. 14 ALEEM ZAINULABDIBN, AGED 64 YEARS SON OF ZAINULABDIN, INCLOVER ABODE, 1ST FLOOR, NO.7/1. HUTCHINS ROAD, 5TH CROSS, C STREET, BANGALORE, KARNATAKA-560 084. 15 AYOUB ZAINULABDIN, AGED 74 YEARS SON OF ZAINULABDIN, 68/585, DAWOOD MANZIL, THIRUVALLAM P.O., THIRUVANANTHAPURAM-695 027. 16 ABDUL LATHIF SAIT, AGED 38 YEARS SON O LATE AYISHA KAREEM, 22/16, 3RD CROSS, HUTCHINS ROAD, COOKE TOWN, BANGALORE, KARNATAKA- 560 005. 17 MOHAMMED DAWOOD SAIT, AGED 37 YEARS SON OF LATE AYISHA KAREEM, 22/16, 3RD CROSS, HUTCHINS ROAD, COOKE TOWN, BANGALORE, KARNATAKA- 560 005. 18 GAZALA KAREEM, AGED 33 YEARS DAUGHTER OF LATE AYISHA KAREEM, 22/16, 3RD CROSS, HITCHINS ROAD, COOKE TOWN, BANGALORE, KARNATAKA-560 005. BY ADVS. LIJI.J.VADAKEDOM TOM E. JACOB REXY ELIZABETH THOMAS ARYA JOSEPH OTHER PRESENT: SRI.HANIL KUMAR SPL. G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2022, ALONG WITH WP(C).4313/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943 WP(C) NO. 4313 OF 2022 PETITIONERS: 1 JASHMON AGED 52 YEARS S/O LATE KUMARAN, RESIDING AT VATTOOTHARA HOUSE, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141. 2 THILAKAN AGED 69 YEARS S/O VELAPPAN, PUTHEN THARAYIL, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141. 3 RAJENDRAN. AGED 62 YEARS S/O KOCHU PILLA, PAKKU THARAYIL HOUSE, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141. 4 ANTONY CHACKO. AGED 85 YEARS S/O ANTONY, VATTATHARAYIL, KARITHARA, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141. 5 GIREESH AGED 40 YEARS S/O GOPINATHAN, PADINJARE PAKKUTHARA, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141.
6 GOPINATHAN. AGED 75 YEARS S/O KOCHU PILLA, PADINJARE PAKKUTHARA, VADAKKEMURI VILLAGE, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686141. 7 RAJAN AGED 75 YEARS S/O KANDA, PUTHENKARIYIL, UDAYANAPURAM P O, VAIKOM, KOTTAYAM DISTRICT-686143. 8 REMANI AGED 58 YEARS W/O SIVARAMAN, POOMUTTAM, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686143. 9 REBEESH. AGED 37 YEARS S/O SIVARAMAN, POOMUTTAM, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686143. 10 REMYA. AGED 27 YEARS D/O SIVARAMAN, POOMUTTAM, AKKARAPADAM P O, VAIKKOM, KOTTAYAM DISTRICT, PIN-686143. 11 THE AKKARAPADAM COIR VYAVASAYA CO-OPERATIVE SOCIETY LTD.NO.57. AKKARAPADAM P O, VAIKKOM,PIN-686143, REPRESENTED BY ITS SECRETARY ANJANA D, D/O DHANANJAYAN, AGED 29 YEARS, RESIDING AT PUTHENKARI, NEREKADAVU, UDAYANAPURAM P O, VAIKOM, PIN-686143.
BY ADVS. MEENA.A. VINOD RAVINDRANATH K.C.KIRAN M.R.MINI M.DEVESH ASHWIN SATHYANATH ANISH ANTONY ANATHAZHATH THAREEQ ANVER K. RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION, COLLECTORATE JUNCTION, KUMILY ROAD, COLLECTORATE P O, KOTTAYAM-686002. 2 THE TAHSILDAR (LAND RECORDS) FIRST FLOOR, MINI CIVIL STATION, WEST GATE ROAD, VAIKOM P O, KOTTAYAM-686141. 3 THE TAHSILDAR, FIRST FLOOR, MINI CIVIL STATION, WEST GATE ROAD, VAIKOM P O, KOTTAYAM-686141. 4 THE VILLAGE OFFICER VADAKKEMURI VILLAGE, VAIKOM, UDAYANAPURAM (SO) P O, KOTTAYAM, PIN-686143. 5 KHAIRUNISSA SIDDICK SAIT. AGED 65 YEARS W/O MOHAMMED SIDDICK SAIT, 34 , SPENCER ROAD, ELEGANT SILVER OAK, 201, 2ND FLOOR, FRAZER TOWN, BANGALORE-560005. 6 NOORJAHAN ANWAR AGED 84 YEARS COX TOWN, BANGALORE, PIN-560005. 7 KHATEEJA MEHMOD. AGED 69 YEARS TUSCAN TOWERS, APARTMENT NO.003, BACHMAL ROAD, COX TOWN, BANGALORE, PIN-560005. 8 TAYAB ZAINULABDIN. AGED 71 YEARS NOW RESIDING AT 401, 4TH FLOOR, NO.12,KENCHAPPA ROAD CROSS, FRAZER TOWN, BANGALORE-560005. 9 HAMEED ZAINULABDIN @ AMEED ZAINULABDIN AGED 61 YEARS PLOT NO.6A, P M C ROAD, BEHIND PARSI CEMETERY, SADASHIVA NAGAR, BELGAM-590001. 10 HANEES ZAINULABDIN. AGED 59 YEARS NO.204, 2ND FLOOR, ASHIYANA APARTMENT, 4 BOURDILLN ROAD, ( M M ROAD), FRAZER TOWN, BANGALORE-560005. 11 PARVEEN SALEEM. AGED 58 YEARS NO.13, KELLYS ROAD, 2ND FLOOR, KILPAUK, CHENNAI, TAMIL NADU-600010. 12 AYAZ ZAINULABDIN SAID AGED 57 YEARS NOW RESIDING AT FLAT NO.3, 1ST FLOOR, NO.6, BERACHAH APARTMENT, STEPHENS ROAD, FRAZER TOWN, BANGALORE-560005. 13 ALEEM ZAINULABDIN AGED 64 YEARS INCLOVER ABODE, 1ST FLOOR, NO.7/1, HUTCHINS ROAD, 5TH CROSS, C STREET, BANGALORE, PIN- 560084. 14 AYOOB ZAINULABDIN. AGED 74 YEARS S./O ZAINULABDIN ZAIT, 68/585, DAWOOD MANZIL, TIRUVALLAM P O, THIRUVANANTHAPURAM-695027. 15 ABDUL LATHIF SAIT. AGED 38 YEARS S/O LATE AYISHA KAREEM, 22/16, 3RD CROSS, HUTCHINS ROAD, COOKE TOWN, BANGALORE, PIN- 560005. 16 MOHAMMED DAWOOD SAID AGED 37 YEARS S/O LATE AYISHA KAREEM, 22/16, 3RD CROSS, HUTCHINS ROAD, COOKE TOWN, BANGALORE-560005. 17 GAZALA KAREEM AGED 33 YEARS D/O LATE AYISHA KAREEM, 22/06, 3RD CROSS, HUTCHINS ROAD, COOKE TOWN, BANGALORE, PIN- 560005. BY ADVS. LIJI.J.VADAKEDOM REXY ELIZABETH THOMAS TOM E. JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.03.2022, ALONG WITH WP(C).334/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The challenge in both these writ petitions - which are being heard together on account of the analogous factual circumstances presented - are against certain notices issued to the petitioners by the Tahsildar (Land Records), Vaikom.
2. According to the petitioners, the Tahsildar has
already taken a decision to cancel the “Thandaper” alotted to them with respect to the properties involved in these cases and, therefore, that further action proposed therein can only be seen to be a pre-meditated one. They thus contend that the action of the Tahsildar is illegal and improper and therefore, pray that the impugned notices be set aside.
3. In response to the afore submissions made on
behalf of the petitioners by Smt.Meena A. and Smt. Harishma P. Thampi - learned counsel for the respective petitioners in these two cases, Sri.Liji J. Vadakkedom - learned counsel appearing for the party respondents in both the cases, submitted that the afore allegations of the petitioners are untenable and without basis and prayed that the Tahsildar may be permitted to complete proceedings pursuant to the impugned notices, so that the rights of the parties can be determined and finalized as per law. He argued that since a Regular First Appeal is pending against the judgment in O.S.No.69/2015 before this Court, it was improper for the petitioners to have filed these writ petitions seeking the reliefs as have been made. He, thus reiteratingly prayed that these writ petitions be dismissed.
4. Sri.Hanilkumar - learned Special Government
Pleader appearing for the official respondents, submitted that Tahsildar has not taken any particular view on any aspect until now and the impugned notices have been issued only to verify the facts, as also the documents to be presented by the parties. He submitted that, it is only after they are properly verified and the parties heard, will any further action be taken.
5. When I evaluate the afore rival submissions,
particularly in the light of the impugned notices, it is evident that the apprehension of the petitioners that the Tahsildar seems to have already taken a decision, is peripherally correct. This is because, in the impugned notices, he has made a mention that the “Thandaper account” of the petitioners requires to be cancelled. However, this itself is a matter which could be decided by the Tahsildar only after hearing both sides.
6. I am, therefore, of the firm view that the
Tahsildar must first consider whether the “Thandaper account” of the petitioner requires to be cancelled as a preliminary issue, and will have to notify the parties appropriately; subsequent to which, final proceedings with respect to the claims of the rival parties on the properties will need to be determined and finalized. However, it is needless to say that any such decision will only be subject to the judgment of this Court in the pending Regular First Appeal. Resultantly, I dispose of these writ petitions to the limited extent of allowing the Tahsildar to continue proceedings based on the impugned notices, however, treating the question regarding requirement of cancellation of the “Thandaper account” of the petitioners as a preliminary one. The Tahsildar will consequently hear both sides, after affording necessary opportunities of producing all relevant documents in substantiation of their respective plea and enter into a conclusion whether the “Thandaper account” of the petitioner is required to be cancelled, and the resultant
order shall be communicated to the petitioners immediately
thereafter. Until such time as the afore order is communicated to the petitioners and two weeks elapses thereafter, further action will be deferred by the Tahsildar; and if no interdictory orders are, in the meanwhile, obtained by the petitioners, he will be at liberty to complete further proceedings in terms of law, after following due procedure. These writ petitions are thus ordered, making it clear that this Court has not considered the rival contentions of the parties on its merits and that they are all left open to be pursued by them appropriately, if it becomes necessary in future. It is also needless to say that any action to be taken by the Tahsildar as per the afore directions will finally abide by the judgment of this Court in the pending Regular First Appeal. Sd/- DEVAN RAMACHANDRAN JUDGE ANB APPENDIX OF WP(C) 334/2022 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE LAND TAX RECEIPT OF THE 1ST PETITIONER DATED 06.01.2021. Exhibit P2 A TRUE COPY OF THE LAND TAX RECEIPT OF THE 2ND PETITIONER DATED 17.11.2020. Exhibit P3 A TRUE COPY OF THE LAND TAX RECEIPT 3RD PETITIONER DATED 06.01.2021.
Exhibit P4 A TRUE COPY OF THE PRELIMINARY
DECREE DATED 30.07.2015 IN OS
NO.69/2015 BY THE HON'BLESUBORDINATE COURT KOTTAYAM. Exhibit P5 A TRUE COPY OF THE FINAL DECREE DATED 12.11.2018 IN OS NO.69/2015 BY THE HON'BLE PRINCIPAL SUB JUDGE, KOTTAYAM.
Exhibit P6 A TRUE COPY OF THE NOTICE DATED
08.09.2021 ISSUED BY THE 3RD
RESPONDENT AGAINST THE 1STPETITIONER.
Exhibit P7 A TRUE COPY OF THE NOTICE DATED
08.09.2021 ISSUED BY THE 3RD
RESPONDENT AGAINST THE 2NDPETITIONER.
Exhibit P8 A TRUE COPY OF THE NOTICE DATED
08.09.2021 ISSUED BY THE 3RD
RESPONDENT AGAINST THE 3RDPETITIONER. Exhibit P9 A TRUE COPY OF THE REPLY NOTICE DATED 25.09.2021 FILED BY THE 1ST AND 2ND PETITIONER. Exhibit P10 A TRUE COPY OF THE REPLY NOTICE DATED 25.09.2021 FILED BY THE 3RD PETITIONER. Exhibit P11 A TRUE COPY OF THE JUDGMENT DATED 23.09.2021 IN WRIT PETITION NO.18046/2021 OF HON'BLE HIGH COURT OF KERALA.
Exhibit P12 A TRUE COPY OF THE NOTICE DATED
15.11.2021 ISSUED BY THE 3RD
RESPONDENT AGAINST THE 1STPETITIONER.
Exhibit P13 A TRUE COPY OF THE NOTICE DATED
15.11.2021 ISSUED BY THE 3RD
RESPONDENT AGAINST THE 3RDPETITIONER. Exhibit P14 A TRUE COPY OF THE REPRESENTATION DATED 08.12.2021 PREFERRED BEFORE THE 1ST RESPONDENT. APPENDIX OF WP(C) 4313/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 30.07.2015 IN OS NO.69 OF 2015 ON THE FILES OF THE COURT OF THE PRINCIPAL SUB JUDGE OF KOTTAYAM. Exhibit P2 TRUE COPY OF THE JUDGMENT DATED
12.11.2018 IN I A 1452 OF 2015 IN O S 69 OF 2015 ON THE FILES OF THE COURT OF THE PRINCIPAL SUB JUDGE OF KOTTAYAM.
Exhibit P3 TRUE COPY OF THE JUDGMENT DATED 23.09.2021 IN WPC NO.18046 OF 2021. Exhibit P4 TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. Exhibit P4(a) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. Exhibit P4(b) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER. Exhibit P4(c) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER. Exhibit P4(d) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER. Exhibit P4(e) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 6TH PETITIONER. Exhibit P4(f) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE 7TH PETITIONER. Exhibit P4(g) TRUE COPY OF THE NOTICE DATED 15.11.2021 ISSUED BY THE 2ND RESPONDENT TO THE PREDECESSOR OF PETITIONERS 8 TO 10. Exhibit P5 TRUE COPY OF THE COMMUNICATION DATED
18.09.2021 BETWEEN THE 2ND RESPONDENT AND THE ADVOCATE GENERAL, KERALA BEARING NO.D6-4257/2021 OBTAINED UNDER RIGHT TO INFORMATION ACT ALONG WITH ITS LEGIBLE COPY OF THE SAME. Exhibit P6 TRUE COPY OF THE REPORT DATED 17.06.2021 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT.