JUDGMENT :

A. Muhamed Mustaque, J.

The State has come up with this appeal challenging the judgment of the learned Single Judge in W.P.(C) No.16705/2021 dated 04/12/2021.

2. The writ petitioner has been served with an order by the District Collector invoking Section 120A of the Kerala Land Reforms Act, 1963 (for short, the 'KLR Act'). The said order is produced as Ext.P4. The purport of the order is to prevent registration of the document in respect of the land comprised in Re-survey Nos.182/7Pt, 188/2Pt, 187/Pt, 186/2 in Block No.156 of C2 Division in Kerala Estate Village.

3. This is the third round of litigation. The factual background of the case is as follows:

The writ petitioner claims that he is in possession of the land having extent of 396.11 acres in the above land and after sale of the portion of the land he is now having 257.79 acres. He claims possession along with his brother M.C.Chandy. The derivation of title as referred in the pleadings indicates that the writ petitioner along with his brother is in possession of the land by way of lease hold right. The original lease holder obtained the property in a court auction conducted in 1890. Jenm right of the above property belonged to Bamblasserry Madathil Sankunni Menon and Ramunni Menon. They initially leased 2130 acres out of the said property of 3596.55 acres to Mr.Edward Lionel Kirwan as per an Indenture of Lease No.527/1908 for a period of 99 years. Mr.Edward Lionel Kirwan further leased the said property of 2130 Acres to M/s.Kerala Rubber Company Limited as per document No.126/1910 of SRO, Chengelpet. Thereafter, Bamblasserry Madathil Sankunni Menon and Ramunni Menon leased the remaining 1466.55 acres out of the said property of 3596.55 acres to Mr.Edward Lionel Kirwan as per an Indenture of Lease No.3368/1914 SRO, Chengelpet for a period of 99 years. The Kerala Rubber Company went into liquidation. The Kerala Rubber Company Limited in liquidation along with Mr.Edward Lionel Kirwan sold the leasehold rights over the entire property of 3596.55 acres to M/s. Kerala Calicut Estate Limited as per various documents between the years 1922 to 1934. The ancestors of the writ petitioner purchased the leasehold rights of 2355 acres out of the said 3596.55 acres from the Kerala Calicut Estate Limited as per Indenture No.834/1956 of SRO, Calicut. The ancestors appears to have entered into a partition deed. The land now claimed to be in possession of the writ petitioner was allotted to his father in a partition and thereafter, their father gifted the land to the writ petitioner and his brother. There is no dispute as to the fact that the derivation of the rights claimed by the writ petitioner by way of lease from the original owner of the land.

4. The writ petitioner along with his brother wants to sell the property. The registering authority refused to register the document. The writ petitioner approached this Court in W.P.(C) No.36009/2015. It appears that certain investigations were being carried out at that time as against the nature of the right held by the writ petitioner. Further, the Government opposed registration of the document till investigation in the matter is over. The learned Single Judge by judgment dated 28.3.2017 directed the Principal Secretary (Revenue) to complete the investigation in a time bound manner. The writ petitioner was also prevented from transferring, alienating and encumbering the property within three months. Thereafter, the Government passed an order on 21.11.2017. The said order reads thus :

“Government have examined the matter in detail and decided that the prayer of the petitioner to accept the Basic Land Tax cannot be considered until the Division Bench of the Hon'ble High Court give their verdict in the cases referred as 1st above. The judgment dated 28.03.2017 of Hon'ble High Court in WP(C) No.36009/2015 is complied accordingly.”

5. It is to be noted that the Government while passing that order, opined that the writ petitioner cannot claim