IMPORTANT POINTS:
Before issuing prohibitory orders under Section 120A of the Kerala Land Reforms Act, the District Collector or any other officer authorised by the Government has to satisfy that any particular land is being transferred in order to defeat the provisions of the Act. That, satisfaction has to be recorded having regard to the subject of each transfer.

JUDGMENT :

The petitioner, which is a partnership firm, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 prohibitory order dated 28.05.2018 issued by the 1st respondent District Collector, under Section 120A of the Kerala Land Reforms Act, 1963. The petitioner has also sought for a writ of mandamus commanding the 1st respondent to withdraw the aforesaid prohibitory order against the petitioner's land having an extent of 33.24 Acres in Survey No.4 in Eruvessy Village in Taliparamba Taluk, Kannur District and communicate it to the 3rd respondent Sub-Registrar, Sreekandapuram and the 2nd respondent Tahsildar, Taliparamba; a writ of mandamus commanding the 3rd respondent to register documents relating to the sale of the petitioner's land having an extent of 33.24 Acres in Survey No.4 in Eruvessy Village in Taliparamba Taluk, Kannur District, as and when presented by him for registration.

2. On 09.09.2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for the respondents and sought time to get instructions.

3. A statement has been filed on behalf of the 1st respondent opposing the reliefs sought for in this writ petition.

4. Heard the learned counsel for the petitioner and also the learned Special Government Pleader appearing for the respondents.

5. The pleadings and materials on record would show that, the petitioner firm is holding land having an extent of 33.24 acres in Survey No.4 in Eruvessy Village in Taliparamba Taluk. The Taluk Land Board, Taliparamba, was directed by order No.LB/B3/9918/17 dated 23.12.2017 of the Secretary, State Land Board, to initiate suo moto action, under Section 87 of Kerala Land Reforms Act, against the partners of the petitioner firm, namely, M/s. K.C. James, K.C. Jimmy, K.C. Thomas, T.M.V. Shareefa and K.P. Ebrahim Haji, as they possessed land excess of the ceiling limit. The authorised officer of the Taluk Land Board conducted an enquiry and filed a report stating that the petitioner is holding land having an extent of 33.24 acres in Survey No. 4 of Eruvessy Village, which exceeds the ceiling limit, and that the petitioner has not filed returns under Section 87 of the Act. Hence, draft statement prepared under Rule 10 of the Kerala Land Reforms (Ceiling) Rules, 1970, together with notice under sub-rule (1) of Rule 12 were issued to the partners of the firm, on 10.08.2018, inviting objections to the draft statement. Despite service of notice, they failed to submit their objection. While proceedings were pending before the Taluk Land Board, a complaint was received from one Saji Mathew, Kanjirathunkal Charal P.O; pointing out that the petitioner is going to effect transfer of its land having an extent of 33.24 acres in Survey No.4 in Eruvessy Village. The Chairman, Taluk Land Board informed the matter to the 1st respondent District Collector, Kannur, vide Ext.P12 letter dated 03.02.2018, to issue prohibitory order under Section 120A of the Act, since the intention behind the land transaction appeared to be for defeating the ceiling provisions under the Act. Accordingly, the 1st respondent District Collector issued Ext.P13 prohibitory order dated 28.05.2018 to the 2nd respondent Sub Registrar, Sreekandapuram, under Section 120A of the Act, in order to prevent transfer of the land.

6. Subsequent to Ext.P13 order, the partners of the firm filed objections, on 21.08.2019, to the draft statement. The authorised officer of the Taluk Land Board conducted site inspection and submitted enquiry report. Thereafter, the Taluk Land Board by Ext.P14 order dated 26.02.2020, decided to exempt 33.24 acres of land in Survey No.4 in Eruvessy Village, under Section 81(1)(q) of the Act, on the ground that the entire extent is being used as a commercial site, and as such the petitioner is not liable to surrender any land as surplus to the Government. Accordingly, the Talu