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2024 Supreme(Online)(KER) 17199
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 10028 OF 2021 PETITIONER/S:
TESSY JIMMY AGED 57 YEARS W/O. JIMMY ZACHARIAH, VELLUKKUNNEL HOUSE, HILL VIEW ESTATE, SURYANELLI P.O, CHINNAKKANAL, IDUKKI.
BY ADVS.
DEEPU THANKAN SMT.UMMUL FIDA SMT.LAKSHMI SREEDHAR RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.
2 TAHASILDAR(LR)
UDUMBANCHOLA, MINI CIVIL STATION, NEDUNGANDAM, IDUKKI - 685553.
BY ADVS.
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL SR.GOVERNMENT PLEADER SHRI JAFFERKHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27/2/2024, ALONG WITH WP(C).22215/2020, 24155/2020 AND CONNECTED CASES, THE COURT ON 14/3/2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 22215 OF 2020 PETITIONER/S:
1 BEENA JOSEY AGED 65 YEARS W/O. LATE JOSEY THOMAS, HILL VIEW ESTATE, SURYANELLI, CHINNAKANAL P O, IDUKKI, BY ADVS.
PEEYUS A. KOTTAM RAGESH CHAND R.G.(K/001395/2019)
RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER DEVIKULAM, IDUKKI - 685554.
2 ADDITIONAL TAHSILDAR(LA)
UDUMBANCHOLA, MINI CIVIL STATION, NEDUNGANDAM, IDUKKI - 685553.
(*) ADDL.R3 THE DIVISIONAL MANAGER, KERALA FOREST DEVELOPMENT CORPORATION, MATTUPETTI ROAD, MUNNAR PO, IDUKKI (*)IMPLEADED AS PER ORDER ON IA 1/2022 DT 14/3/2024 BY ADVS.
ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
SHRI Y.JAFARKHAN , SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27/2/2024, ALONG WITH WP(C).10028/2021 AND CONNECTED CASES, THE COURT ON 14/3/2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 24155 OF 2020 PETITIONER/S:
TESSY JIMMY AGED 57 YEARS W/O JIMMY ZACHARIAH, HILL VIEW ESTATE, SURYANELLI PO, CHINNAKKANAL IDUKKI.
BY ADVS.
DEEPU THANKAN SMT.UMMUL FIDA SMT.LAKSHMI SREEDHAR RESPONDENT/S:
1 REVENUE DIVISIONAL OFFICER DEVIKULAM , IDUKKI-685554.
2 ADDITIONAL TAHSILDAR (LA)
UDUMBANCHOLA, MINI CIVIL STATION, NEDUNGANADAM, IDUKKI-685553.
BY ADV SR.GOVERNMENT PLEADER SHRI Y.JAFERKHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27/2/2024, ALONG WITH WP(C).10028/2021 AND CONNECTED CASES, THE COURT ON 14/3/2024 DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &
THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945 WP(C) NO. 35218 OF 2022 PETITIONER/S: BEENA JOSSEY, AGED 67 YEARS W/O. LATE JOSEY THOMAS, HILL VIEW ESTATE, SURYANELLI P.O., CHINNAKKANAL, IDUKKI. PRESENTLY RESIDING AT HOUSE NO. 85, WARD NO. 7, CHELAD PO, KOTHAMANGALAM-
686681.
BY ADVS.
Krishnan P. B P.B.SUBRAMANYAN(K/1145/2009)
SABU GEORGE(K/000711/1998)
B.ANUSREE(K/000951/2016)
MANU VYASAN PETER(K/000652/2013)
CHITHIRA VENUGOPAL(K/307/2021)
DEEPA NOBLE(K/2104/2023)
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695001
2 TAHASILDAR (LR)
UDUMBANCHOLA, MINI CIVIL STATION, NEDUNGANDAM, IDUKKI - 685 553.
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
SHRI Y.JAFERKHAN , SR.GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
27/2/2024, ALONG WITH WP(C).10028/2021 AND CONNECTED CASES, THE COURT ON 14/3/2024 DELIVERED THE FOLLOWING:
A.MUHAMED MUSTAQUE & SHOBA ANNAMMA EAPEN, JJ.
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W.P.(C).Nos.24155/2020, 10028/2021, 22215/2020 and 35218/2022 “C.R.’
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Dated this the 14th day of March, 2024
J U D G M E N T
A.Muhamed Mustaque, J.
These cases are posted before us as we are dealing with public interest litigation in regard to removal of encroachment and issuance of illegal patta in Munnar. These matters are placed before us as per the order of the Hon’ble Chief Justice. We shall advert to the individual facts of the cases.
2. W.P.(C).Nos.22215/2020 and 35218/2022: The petitioner, approached this Court alleging that her property was illegally resumed by respondents, and further that the Additional Tahsildar, Udumbanchola, cancelled thandaper (mutation) stating that the title of the patta claimed by her is a bogus one. These writ petitions were filed by Beena Josey. Beena Josey claims that she along with her two children are owners and in possession of 1 acre and 61 cents of land comprised in Survey No.34/1 in Chinnakanal Village. According to her, the revenue authority as per TP No.2742 mutated land in their favour. She claims that her late husband Josey Thomas purchased the property from Mariyamma Erulappan, Shanmugha Vilasam, Suryanelli. It is claimed that the above said Mariyamma Erulappan obtained patta as per the proceedings in LA.No.59/1972 dated 26/10/1976. Mariyamma Erulappan executed a registered deed in favour of Josey Thomas through the power of attorney holder. Beena Josey approached this Court to restore her land. She complains that she has been dispossessed from the property treating this land in possession of Jimmy Zacharia.
3. The revenue officials have filed detailed counter affidavits in these cases. According to the officials the real person behind this litigation is Jimmy Zacharia. It is contended that the patta-LA.No.59/1972 was fraudulently created by Josey Thomas and Jimmy Zacharia, with support of certain officials in the revenue department. It is the case of the revenue officials that the aforesaid persons manipulated revenue records and created bogus documents in favour of Mariyamma Erulappan. It is pointed out that the address of the petitioner and the address of Jimmy Zacharia in the sale deed claimed by him are one and the same. It is pertinently pointed out in an application submitted by Jimmy Zacharia before the Panchayat/local authority for licence, referred to as a building for the purpose of running a homestay. Therefore, it is contended that the land in question was in occupation of Jimmy Zacharia and after initiating proceedings against Jimmy Zacharia, land was restored to the State.
4. W.P.(C).Nos.24155/2020 and 10028/2021: The petitioner, approached this Court alleging that her property was illegally resumed by respondents, and further that the Additional Tahsildar, Udumbanchola, cancelled thandaper (mutation) stating that the title of the patta claimed by her is a bogus one. These writ petitions were filed by Tessy Jimmy, wife of Jimmy Zacharia. Tessy Jimmy claims that she is the owner of 20 cents of land comprised in survey No.34/1. This has been mutated in her favour as per mutation TP.No.2021. She also claims possession of the land having an extent of 8.09 Ares under the same thandaper number. She claims to have purchased these properties from Josey Thomas in the year 2003. She claims her title to the patta issued by the Tahsildar Udumbanchola in LA No.59/72 dated 26/10/1976 issued in the name of Mariyamma Erulappan, Shanmugha Vilasam, Suryanelli. She claims that Mariyamma Erulappan through her power of attorney transferred the land to Tessy Jimmy’s predecessor-in-interest. It is submitted by her that though there was a small building in the land, it was not reflected in the sale deed. She claims that she had renovated the building after obtaining bank loan. The petitioner’s husband was the power of attorney holder.
5. The Tahsildar, Udumbanchola, filed a counter in this matter. It is contented that the petitioner’s husband Jimmy Zacharia and Josey Thomas with the support of certain officials in the revenue department, manipulated revenue records and created bogus documents in f
