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2024 Supreme(Online)(KER) 17976
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10692 OF 2024 PETITIONER:
SIBI THOMAS,AGED 65 YEARS SON OF K.A.THOMAS, RESIDING AT 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 BY ADVS.
NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL)
A.KEVIN THOMAS CELIA SANTHOSH RESPONDENT:
SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN - 673121 OTHER PRESENT:
GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10762/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10762 OF 2024 PETITIONER:
LOVELY CATHERINE MATHEW,AGED 62 YEARS WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA'
S.V.COLONY, ERANGIPALAM (P.O), KOZHIKODE, PIN - 673006 BY ADVS.
NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL)
A.KEVIN THOMAS CELIA SANTHOSH A.V.THOMAS (SR.)(T-49)
RESPONDENT:
SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10804 OF 2024 PETITIONER:
PEARLY MATHEW, AGED 53 YEARS WIFE OF PAUL RAJ, RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER , LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA', S.V.COLONY, ERANGIPALAM (P.O), KOZHIKODE, PIN - 673006 BY ADVS.
NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL)
A.KEVIN THOMAS CELIA SANTHOSH RESPONDENT:
SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10835 OF 2024 PETITIONERS:
1 LOVELY CATHERINE MATHEW,AGED 62 YEARS WIFE OF BENNY VARGHESE, RESIDING AT 'APSARA'
S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673006
2 ASHLEY SIBI THOMAS, AGED 60 YEARS WIFE OF SIBI THOMAS, RESIDING AT 8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020
3 MERLY THOMAS, AGED 56 YEARS WIFE OF THOMAS JOSEPH RESIDING AT 116, PINE A2, PRESTIGE GREENWOODS, CV RAMAN NAGAR, BANGALORE, PIN:560093, REPRESENTED BY POWER OF ATTORNEY HOLDER, LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE,, PIN - 673006
4 PEARLY MATHEW, AGED 53 YEARS WIFE OF PAUL RAJ,RESIDING AT 'APSARA', S.V.COLONY, ERANHIPALAM (P.O), KOZHIKODE, PIN - 673 006 REPRESENTED BY POWER OF ATTORNEY HOLDER, LOVELY CATHERINE MATHEW, AGED 62, WIFE OF BENNY VARGHESE, 'APSARA' S.V.COLONY, ERANHIPALAM (P.O),KOZHIKODE, PIN - 673006 BY ADVS.
NIDHI SAM JOHNS LIJO JOSEPH (THOPPIL)
A.KEVIN THOMAS CELIA SANTHOSH RESPONDENT:
SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 10873 OF 2024 PETITIONER:
ASHLEY SIBI THOMAS AGED 60 YEARS
8B2, ABM TOWERS, GANDHI NAGAR ROAD, KADAVANTHRA, KOCHI, PIN - 682020 BY ADVS.
LIJO JOSEPH (THOPPIL)
NIDHI SAM JOHNS CELIA SANTHOSH A.KEVIN THOMAS A.V.THOMAS (SR.)(T-49)
RESPONDENT:
SUB REGISTRAR SUB REGISTRAR OFFICE, KALPETTA (PO), WAYANAD DISTRICT, PIN – 673121 GP - AJITH VISWANATHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, ALONG WITH WP(C).10692/2024 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
VIJU ABRAHAM, J.
.................................................................
W.P(C). Nos.10692, 10762, 10804, 10835 &
10873 of 2024 .................................................................
Dated this the 25th day of March, 2024
JUDGMENT
Since similar issues are raised in all these writ petitions, they are heard together and disposed of by the common judgment. The relief sought for in all these writ petitions is for a direction to the respondents to register the sale deeds with respect to the immovable properties covered by Exts.P1 deeds, Ext.P2 basic tax receipts and Ext.P4 thandaper accounts. Petitioners contend that they are in absolute ownership with right, title and possession and enjoyment of landed properties with cardamom cultivation, obtained as per Exts.P1 sale deeds. It is further contend that the properties originally belonged to Malayalam Plantations Ltd (now Harrisons Malayalam Ltd.) as per document no.2804/1923 of Madras Registrar Office and after obtaining permission from the District Collector, Kozhikode vide order no.D.Dis 37660/69 dated 20.11.1970 the subject properties were sold to Leelamma Mathew and thereafter petitioners came in possession and ownership of the same. Petitioners contend that they have effected mutation in respect of the said properties and thandaper accounts were also assigned. It is further contend that the petitioners are remitting basic tax in respect of the said properties as evident from Exts.P2. For disposal of the said properties petitioners have approached the Village officer for issuance of thandaper account (ROR) and other certificates which was declined by the Village Officer on the ground that the properties once belonged to Harrisons Malayalam Ltd. Thereupon the petitioners have approached this Court and by Ext.P3 judgment this Court directed the Village Officer to issue thandaper account certificates, possession certificates, etc. within a period of one month. Accordingly the same were issued to the petitioners. However the respondent Sub Registrar is not inclined to register the sale deeds on the ground that the subject properties were originally held by the erstwhile Malayalam Plantations Ltd. which later become M/s.Harrisons Malayalam Ltd. Petitioners submit that in similar circumstances this Court has interfered and passed an interim order in W.P.(C) No.7512 of 2017 directing the Sub Registrar to permit the petitioners therein to execute sale deeds with respect to their immovable properties subject to the outcome of the writ petition. Petitioners submit that in the meanwhile a Single Bench of this Court in M/s.Harrisons Malayalam Ltd., Cochin v. State of Kerala, 2014 (4) KHC 245 has held that if a person is in legal possession of land, then without determination of the legal possession proceedings under the Land Conservancy Act cannot be initiated and that determination of the legal possession cannot be done invoking the provisions of the Land Conservancy Act, which only provides summary procedure for evicting illegal and unauthorised occupants and in such cases, the only remedy is to seek declaration of title and recovery of property from the private party concerned by filing suit before the competent civil court. Subsequently, a Division Bench of this Court in the judgment in Harrissons Malayalam Ltd. v. State of Kerala, 2018 (2) KLT 369 has held that the special officer authorised under the Kerala Land Conservancy Act has absolutely no competence to declare void the agreements, registered conveyances, certificates of purchase and exemption issued under the Kerala Land Reforms Act or the orders of the civil courts and those of statutory bodies and that the special officer authorised under the Kerala Land Conservancy Act and acting under the powers conferred under the said statute can only exercise summary powers to evict unauthorised occupants from Government puramboke lands, but cannot adjudicate on the title and then carry out eviction and that the title in favour of the Government cannot be declared by the special officers appointed under the Kerala Land Conservancy Act. It is further contended by the learned counsel for the petitioners that the said judgment of the Division Bench was affi
