Kerala High Court
K.A.Thomas vs State Of Kerala
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 16TH DAY OF DECEMBER 2016/25TH AGRAHAYANA, 1938
WP(C).No. 26912 of 2008 (D)
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PETITIONER(S):
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1. K.A.THOMAS, S/O. ABRAHAM, AGED 49 YEARS,
KALLUMPURATH HOUSE, AASARIKKADU P.O.,
THRISSUR DISTRICT.
2. K.A.JOSEPH, S/O. ABRAHAM,
KALLUMPURATH HOUSE, AASARIKKADU P.O,
THRISSUR DISTRICT.
BY ADVS.SRI.C.A.CHACKO
SMT.C.M.CHARISMA
SRI.N.A.SHAFEEK
RESPONDENT(S):
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1. STATE OF KERALA, REP.BY SECRETARY TO
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM.
2. THE DISTRICT COLLECTOR,THRISSUR.
3. THE SPECIAL TAHSILDAR (LAND ASSIGNMENT)
THRISSUR TALUK, THRISSUR.
4. THE ADDITIONAL TAHSILDAR,
TALUK OFFICE, THRISSUR.
BY GOVERNMENT PLEADER SRI K.J.MANURAJ
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 16-12-2016, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
K.V.
WPC 26912 OF 2008:
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APPENDIX
PETITIONERS EXHIBITS:
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P1: COPY OF ASSIGNMENT ORDER DATED 28/3/74.
P2: COPY OF LETTER DATED NIL ISSUED BY 3RD REASPONDENT TO THE
VILLAGE OFFICER,MULAYAM.
P3: COPY OF TAX RECEIPT DATED 23.3.78.
P4: COPY OF SETTLEMENT DEED DATED 24.3.81.
P5: COPY OF PATTA ISSUED VIDE ORDER DATED 13.12.96.
P6: COPY OF THE TAX RECEIPTS.
P7: COPY OF LETTER DATED 2.1.06 OF 4TH RESPONDENT.
P8: COPY OF THE DEATH CERTIFICATE DATED 13.5.04.
P9: COPY OF JUDGMENT OF THIS HON'BLE COURT DATED 7.11.94 IN
OP NO 14740/94.
RESPONDENTS EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
K.V.
K. VINOD CHANDRAN, J.
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W.P.(C) No.26912 of 2008 - D
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Dated this the 16th day of December, 2016
J U D G M E N T
The petitioners are the sons of one Kallupurath Ouseph Abraham, who was issued with Ext.P1 assignment order, assigning 2 Acres and 81 cents of land under the Kerala Government land assignment in Mulayan village, Thrissur District. The petitioners' father was in possession of the property and enjoying the same as evidenced by the tax payment by Ext.P3.
2. After the death of the father, the petitioners' mother and petitioners partitioned the property between themselves as is seen from Ext.P4. The father died as early as on 30.10.1978 and in such circumstance, eventually patta was issued in the name of the mother of the petitioners as is seen from Ext.P5. Ext.P5 is dated 13.02.1996. Up to 1997, the 2 W.P.(C) No.26912 of 2008 - D petitioners and their mother were remitting the tax to the partitioned properties as is seen from Ext.P6 series of receipts issued in the name of the petitioners and the petitioners' mother.
3. Subsequently, the petitioners were prevented from remitting the tax by virtue of Ext.P7 order dated 02.01.2006. The petitioners claim that similarly placed persons, who were not issued with patta had also approached before this Court with O.P.No.14740 of 1994 and obtained Ext.P9 judgment, wherein the Government was directed to issue patta. It is also submitted that the prohibition insofar as the issuance of patta to the petitioners in Ext.P9 was on account of Ext.P4 produced in the said writ petition. Ext.P4 is a communication bearing No.B2/6692/94/1 dated 05.02.1994. Ext.P4 produced in O.P No.14740 of 1994 spoke of a stay order in O.P. No.5914 of 1986 dated 12.09.1986. 3 W.P.(C) No.26912 of 2008 - D
4. This Court called for the Judges Papers of O.P No.5914 of 1986. It is seen from the O.P filed that the petitioners sought for appropriate directions so as to bring into force Kerala Scheduled Tribes (Restriction on Transfer of Land and the Restoration of Alienated Land) Act 1975. There was also an interim injunction granted, restraining the State from issuing patta to encroachers to various lands in Kerala, when such encroachment is after 1959. The injunction order was passed on 12.08.1986. The O.P itself came up for hearing and since there was no representation the matter stood dismissed on 31.01.1992. Hence, even in 1992, the stay was no more applicable.
5. In such circumstance, the Government shall reconsider the issue and to facilitate such reconsideration, Ext.P7 is set aside. If Ext.P7 was based on the stay order issued on 18.12.1986 referred to herein above in O.P No.5914 of 1986., which O.P itself was dismissed on 31.01.1992. The stay 4 W.P.(C) No.26912 of 2008 - D order is no more in force after the dismissal of the original petition. The District Collector shall look into the issue and decide on the same within a period of three months and if there is no other legal impediment, then necessarily the petitioners would have to be permitted to pay taxes as also enjoy their property to its full extent by giving effect to Ext.P5 patta.
The writ petition is disposed of.
Sd/-
K. VINOD CHANDRAN, JUDGE SB/17/12/2016 // true copy // P.A to Judge