These two writ petitions raise a common question and are therefore disposed of by a common judgment.

2. Mainly it is concerned with the interpretation of the Kerala Land Assignment Amendment Rules, 2009 whereby certain Rules including Rule 8 have been amended.

3. The petitioner in W.P.(C) No.33434/2009 obtained patta as per Ext.P1 for an extent of 4.50 cents of land in Sy. No.72/12 of Thiruvankulam Village. The same was granted under the Kerala Land Assignment Rules 1964 (hereinafter referred to as 'the Rules'). He is residing in the said plot after constructing a small house. For the purpose of raising money for the marriage of one of the daughters and for educational needs of the second daughter, the petitioner decided to sell the property which is evidenced by Ext.P2 agreement for sale. In the light of the amended Rule 8, the authorities raised an objection regarding the registration of the sale deed and it is in these circumstances, he has filed this writ petition. It is contended that the amendment will not apply to the patta granted to the property of the petitioner.

4. In W.P.(C) No.36240/2009, the petitioner is the owner and in possession of 1.61 ares of land in Survey No.796 of Edavanakkad Village. which was assigned as per patta dated 18.9.1990 (Ext.P1). Herein also, there is an agreement for sale dated 9.10.2009. When the further formalities were sought to be completed, the revenue authorities informed that the property cannot be sold in the light of the amendment of the rules.

5. In both the writ petitions, the restriction regarding alienation was only for a period of three years from the date of assignment, as the Land Assignment Rules provided at that time. Under the amended provision, it is specified that the land is not alienable for a period of 25 years from the date of registry. It is this amendment which the petitioners contend, cannot apply to them, as the same is not retrospective at all.

6. The amended rules have been produced as Ext.P4 in W.P.(C) No.33434/2009. It is published in the Extra-ordinary Gazette dated 24.1.2009. Going by sub-rule (ii), the amendment shall come into force "at once". The following are the important amendments contained in Rule 2 of the amended rules:

"(1) In rule 7, in sub-rule (2), in item (i), First Preference for the letters and figure "Rs.30000", the letters and figure "Rs.75000" shall be substituted;

(2) in rule 8,--(i) in sub-rule (1),--

(a) for the words "and alienable" the words "but not alienable for a period of twenty-five years from the date of registry" shall be substituted;

(b) the following proviso shall be inserted, namely;--

"provided that the assignee may mortgage such lands,--

(a) to the Government Co-operative Institutions or the Tea Board or the Rubber Board or any other financial institutions recognised by the Government in this behalf, as security for obtaining loans for agricultural or land improvement purposes or for growing tea or rubber, and

(b) to the Government or Co-operative Institutions as security for obtaining loans for house construction under the Village Housing Project Scheme or any other housing schemes sponsored by the Government, if such house is required for the occupation of the assignee or his family".

(ii) sub-rule (1A) and proviso thereunder shall be omitted.

(iii) in sub-rule (3) for the words and brackets "sub-rule (1A)" the words and brackets "sub-rule (1)" shall be substituted.

(3) In Appendix I, for condition number (i) except provisos, the following condition shall be substituted, namely:--

"(1) That the land/lands shall be heritable but, shall not be alienable for a period of twenty-five years from the date of registry."

Appendix II has also been amended and the conditions have been substituted. Condition No.3 is the following:

"No alienation shall be made for a period of twenty-five years from the date of registry. In the event of alienation in contravention sub-rule (1) of rule 8 the Government shall resume the land