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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Prasantha. K – Appellant
Versus
State of Kerala Represented By The Secretary, Department of Revenue – Respondent
| Table of Content |
|---|
| 1. counterarguments regarding property ownership (Para 5 , 6) |
| 2. court's directive for enquiry (Para 7) |
| 3. legal issues surrounding property assignment (Para 8 , 9 , 10 , 11 , 12) |
JUDGMENT :
Muralee Krishna, J.
This writ petition is filed by the petitioner under Article 226 of the Constitution of India , seeking a writ of certiorari to quash Ext.P8 order dated 24.03.2014 passed by the 3rd respondent Tahsildar, Devikulam; a writ of mandamus commanding the 3rd respondent to take a decision on Ext.P16 representation dated 09.06.2022 submitted by the petitioner; and a writ of mandamus commanding the 3rd respondent to effect mutation of 29 cents of property situated in resurvey No.105/15 of Marayoor village to the name of the petitioner under Rule 28 of Transfer of Registry Rules , 1966.
2. Going by the averments in the writ petition, the petitioner has been in possession of 29 cents of revenue puramboke in resurvey No.105/15, Block No.48 of Marayoor Village. Her father Kumaran had settled on the property in 1945. The petitioner obtained the property by virtue of Ext.P1 settlement deed dated 28.02.2005, executed by her father. The petitioner constructed a house on the property
Unregistered documents cannot effectuate transfer of immovable property valued above Rs.100; proper documentation and verification of ownership are essential for land assignment.
The court emphasized that land assignments must adhere to statutory procedures, and unauthorized occupation does not confer legal rights.
A writ of mandamus requires a legal right and statutory duty, and cannot be issued contrary to law.
Land in tribal settlement areas cannot be assigned under the Land Assignment Act, and agreements lacking proper title are invalid.
The court ruled that procedural fairness requires an opportunity for the Petitioner to contest against unjust limitations on land assignment rights.
When assignment land is sold violating DKT conditions, parties must approach Civil Court instead of Revenue authorities.
Court directs revenue authorities to survey and demarcate disputed land with procedural safeguards after notice to concerned parties.
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