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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR.JUSTICE MURALEE KRISHNA S., JJ
Sukumaran S/o Achuthan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
This writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking the following reliefs:
“i). Call for the records leading to Exts.P1 to P4 from the respondents;
ii). Issue a writ of mandamus or any other writ or direction directing to the 6th respondent to register sale deed or any other deed of alienation of property on presentation with respect to survey No.77/1 (resurvey No.50/1) of Mankulam Village (Plot No.1158) without insisting for expiry of 12 years from 16.02.2018, the date of Ext.P3;
iii) Issue a writ of mandamus or any other writ or direction directing to the respondents 4 and 5 to effect mutation and accept land tax on the basis of the sale deed or any other deed of transfer of property with respect to survey No.77/1 (resurvey No.No.50/1) of Mankulam Village (Plot No.1158);
iv) Declare that the restriction contained in the 3rd condition in Ext.P3 on the basis of Rule 8(1) of Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules 1977 is not applicable to the petitioner at present”
2. Going by the averments in the writ petition, the petitioner was assigned 1 Hectare of land in survey No.77/1 (resu
The 12-year restriction on alienation of assigned land applies from the date of patta issuance, not the original assignment date, due to non-payment of dues.
Point of Law : Prohibition against alienation of the property covered by the Rules has been prescribed for a period of 25 years from the date of registry. Thereafter, in 8(1)(A), it is limpidly provi....
The absence of a non-alienation clause in the original land assignment means it cannot be classified as assigned land under the A.P. Assigned Lands Act, allowing for its registration.
The court ruled that claims for land assignment must adhere to statutory provisions, and existing possession does not confer entitlement under the Kannan Devan Hills Act.
Under the Kannan Devan Hills Act, mere inclusion in an eligibility list does not confer the right to land assignment without adequate proof of claims, and procedural correctness in rejection must be ....
The court ruled that the petitioners failed to prove their possession of land and that the authority to assign such land lies with the District Collector under the Kannan Devan Hills Act.
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