Kesavan vs the District Collector

Kesavan vs The District Collector

Type Court Judgment Court Kerala Decided May 31, 2022

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https://sooperkanoon.com/case/1464739

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Citation: sooperkanoon.com/1464739
Court: Kerala High Court
Judge: Honourable Mr. Justice T.R.Ravi
Decided On: May 31, 2022
Case Number: WP(C)/10068/2022

Parties & Advocates

Appellant / Petitioner

Kesavan

Respondent

The District Collector

Excerpt

.....alienation is prohibited has not expired on the basis of ext.p3 patta.2. heard the learned counsel for the petitioner and the learned government pleader.3. rule 8 of the kannan devan hills (reservation and assignment of vested lands) rules specifically says that the lands assigned shall not be alienable for a period of 12 years from the “date of assignment”. rule 12 prescribes the procedure for assignment and rule 13 says that the order of assignment shall beissued by the assigning authority in form no.5. ext.p1 is the orderof assignment issued in form no.5. as such, there can be no dispute regarding the date of assignment. in such situation, the embargo regarding alienation can only be calculated from the date of assignment, which is the date of ext.p1. the date on which ext.p2 patta has been issued has no relevance in this situation, since the patta itself is issued consequent to ext.p1 assignment, under rule 16. the writ petition is allowed. there will be a direction to the 2nd respondent to receive and register any document legally created with respect to the property covered by ext.p1 voluntarily presented by the petitioner, if the same is in accordance with all other legal formalities.sd/- t.r. ravi judge pn appendix of wp(c) 10068/2022 petitioners' exhibits exhibit p-1 true copy of the assignment order dated 01-04-1980 issued by the 1st respondent in favour of the petitioner exhibit p-2 true copy of the patta dated 07-12-2019 issued in the name of the petitioner by the 3rd respondent exhibit p-3 true copy of the letter dated 10-02-2021 issued on behalf of the 1st respondent exhibit p-4 true copy of the draft deed dated 22-03-2022 prepared on behalf of the petitioner. respondents' exhibits exhibit r2(a) true copy of the clarification received from sub collector, devikulam

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE T.R.RAVI TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944 PETITIONER: KESAVAN AGED 73 YEARS, S/O GOVINDAN, R/AT KALLUKUNNEL HOUSE, ANAKKULAM P.O., MANKULAM VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN - 685 561 BY ADVS. S.JIJI PRATHEESH PRABHA RESPONDENTS: 1 THE DISTRICT COLLECTOR CIVIL STATION, KUYILIMALA P.O., PAINAVE, IDUKKI, PIN - 685603 2 THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, 3 THE THAHASILDAR TALUK OFFICE COMPLEX, BY SRI.BIMAL K.NATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
T.R. RAVI, J.
W. P. (C). No. 10068 of 2022 Dated this the 31st day of May, 2022

JUDGMENT

The petitioner was assigned 1 Hector of land as per Ext.P1

dated 01.04.1980. It is submitted that even though an order of assignment in Form 5 as required under the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules, 1977 was issued as early as in 1980, a patta in Form 6 was issued only much later on 07.12.2019. The petitioner seeks to alienate the property. Petitioner's grievance is that the 2 nd respondent has refused to accept and register the document of transfer for the reason that the period of 12 years during which alienation is prohibited has not expired on the basis of Ext.P3 patta.

2. Heard the learned counsel for the petitioner and the learned Government Pleader.

3. Rule 8 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules specifically says that the lands assigned shall not be alienable for a period of 12 years from the “date of assignment”. Rule 12 prescribes the procedure for assignment and Rule 13 says that the order of assignment shall be

issued by the assigning authority in Form No.5. Ext.P1 is the order

of assignment issued in Form No.5. As such, there can be no dispute regarding the date of assignment. In such situation, the embargo regarding alienation can only be calculated from the date of assignment, which is the date of Ext.P1. The date on which Ext.P2 patta has been issued has no relevance in this situation, since the patta itself is issued consequent to Ext.P1 assignment, under Rule 16. The writ petition is allowed. There will be a direction to the 2nd respondent to receive and register any document legally created with respect to the property covered by Ext.P1 voluntarily presented by the petitioner, if the same is in accordance with all other legal formalities.

Sd/- T.R. RAVI JUDGE Pn APPENDIX OF WP(C) 10068/2022 PETITIONERS' EXHIBITS Exhibit P-1 TRUE COPY OF THE ASSIGNMENT ORDER DATED 01-04-1980 ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER Exhibit P-2 TRUE COPY OF THE PATTA DATED 07-12-2019 ISSUED IN THE NAME OF THE PETITIONER BY THE 3RD RESPONDENT Exhibit P-3 TRUE COPY OF THE LETTER DATED 10-02-2021 ISSUED ON BEHALF OF THE 1ST RESPONDENT Exhibit P-4 TRUE COPY OF THE DRAFT DEED DATED 22-03-2022 PREPARED ON BEHALF OF THE PETITIONER. RESPONDENTS' EXHIBITS EXHIBIT R2(a) TRUE COPY OF THE CLARIFICATION RECEIVED FROM SUB COLLECTOR, DEVIKULAM

Same Court & Year Kerala · 2022 Same Parties Kesavan vs The District Collector Same Judge Honourable Mr. Justice T.R.Ravi