Kerala High Court
K.Sadan vs State Of Kerala on 26 March, 2014
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
TUESDAY, THE 28TH DAY OF OCTOBER 2014/6TH KARTHIKA, 1936
WP(C).No. 27280 of 2014 (H)
----------------------------
PETITIONER(S) :
------------------------
1. K.SADAN, AGED 57 YEARS,
S/O.THANKAPPAN ASARI K.K., RESIDING AT SREE SYLAM HOUSE,
NALUKODY P O, PAIPADU VILLAGE, KOTTAYAM DISTRICT.
2. SUMA SADAN, AGED 54 YEARS,
W/O.SADAN, RESIDING AT SREE SYLAM HOUSE, NALUKODY P. O.,
PAIPADU VILLAGE, KOTTAYAM DISTRICT.
BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.)
SRI.ABHISHEK KURIAN
RESPONDENT(S) :
--------------------------
1. STATE OF KERALA,
REP. BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM-695001.
2. THE TAHSILDAR,
TALUK OFFICE, CHANGANACHERRY-686101
3. THE VILLAGE OFFICER,
PAIPPADU VILLAGE, VILLAGE OFFICE, PAIPADU
NALUKODY P O, KOTTAYAM DISTRICT-686548
BY SENIOR GOVERNMENT PLEADER, SRI. MOHAMMED SHAFI M.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
28-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 27280 of 2014 (H)
---------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS :
-------------------------------------
EXHIBIT P1:- TRUE COPY OF THE SALE DEED NO. 391/2005 OF THE
THENGANA SUB REGISTRY
EXHIBIT P2:- TRUE COPY OF THE RECEIPT DATED 26/3/2014 SHOWING THE
REMITTANCE OF LAND TAX IN RESPECT OF THE PROPERTY
COVERED BY EXT. P1.
EXHIBIT P3:- TRUE COPY OF THE PATTA NO. B1-6571/95 DATED 29/1/1996 ISSUED
BY THE TAHSILDAR, CHANGANCHERRY
EXHIBIT P4:- TRUE COPY OF THE G.O.(MS)NO. 592/88/RD DATED 18/7/1988
EXHIBIT P5:- TRUE COPY OF THE BASIC TAX RECEIPT IN THE NAME OF UNESH
DATED 3/10/2003
EXHIBIT P6:- TRUE COPY OF THE CERTIFICATE DATED 3/10/2014 ISSUED BY
DR.R SOBHANA DEVI, PROFESSOR AND HEAD OF DEPARTMENT,
DEPARTMENT OF GASTRONETROLOGY, MEDICAL COLLEGE,
KOTTAYAM
EXHIBIT P7:- TRUE COPY OF THE LETTER NO. H1-5637/14 DTD 12/6/2014
EXHBIT P8:- TRUE COPY OF THE GO(MS)NO. 355/97 RD DTD 20/5/1997
RESPONDENT(S)' EXHIBITS : NIL
----------------------------------------
/TRUE COPY/
P.A. TO JUDGE
rkj
A.MUHAMED MUSTAQUE, J.
= = = = = = = = = = = = =
WP(C).No.27280 of 2014-H.
= = = = = = = = = = = = =
Dated this the 28th day of October, 2014.
J U D G M E N T
The petitioners purchased a property situated in survey No.228/7/10 covered by Ext.P3 patta. Ext.P3 patta was issued to one Abdul Khader. The conditions of the patta are enumerated in Ext.P3 itself. Under the Kerala Land Assignment Act and the Rules the property can be alienated absolute or with conditions. If the conditions are enumerated, the holder of the patta are bound by the conditions. One of the conditions in Ext.P3 patta is against alienating the property for the period of twelve years from the date of issuance of the patta. Admittedly the period of twelve years is over. It seems based on Ext.P8 an order passed by the Government dated 20.5.1997, the Government is placed certain restriction in alienating the property and put a complete embargo on alienation. Ext.P8 does not form part of the conditions of Ext.P3 patta. WP(C).No.27280/2014-H. 2 Therefore it has no application in respect of the patta issued prior to Ext.P8. If at all Ext.P8 would apply that can only apply prospectively with respect to any assignment granted after Ext.P8. In view of the above, the petitioners are not bound by Ext.P8. Therefore, any alienation made after the twelve years period after issuance of patta, the revenue officials are bound to effect transfer of registry based on such alienation. In view of the above it is declared that there is no embargo in alienating the property after twelve years after issuance of patta and the registering authorities are bound to register the documents presented and the revenue authorities are bound to effect transfer of registry based on such registration.
This writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, (Judge) Kvs/-
// true copy //