High Court of KeralaWP(C)/15869/2015disposed of

Habeeb Rahman v. The State Of Kerala

2015-12-11Honourable Mr. Justice A.Muhamed Mustaque7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 WP(C).No. 15869 of 2015 (G) ---------------------------- PETITIONER(S):

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1. HABEEB RAHMAN.T.M., AGED 56 YEARS, S/O. MUSTHAFA HAJI, THOTTUKADAVIL HOUSE, NILAMBUR R.S. P.O, RAMANNKUTHU VIA, MALAPPURAM DISTRICT.

2. T.M. MUKTHAR AHMED, AGED 71 YEARS, S/O. MUSTHAFA HAJI, THOTTUKADAVIL HOUSE, NILAMBUR R.S., P.O, RAMANKUTHU VIA, MALAPPURAM DISTRICT BY ADVS.SRI.K.R.RAJKUMAR SRI.V.P.PRASAD RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIATE, THIRUVANANTHAPURAM -695 001

2. SECRETARY, HOME DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM -695 001

3. SECRETARY, PUBLIC WORKS DEPARTMENT, THIRUVANANTHAPURAM -695 001

4. STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM -695 001

5. LAND REVENUE COMMISSIONER, LAND REVENUE COMMISSIONERATE, VIKAS BHAVAN, THIRUVANANTHAPURAM -695 033

6. DISRTRICT COLLECTOR, COLLECTORATE, MALAPURAM- 676 505

7. REVENUE DIVISIONSL OFFICER, MALAPPURAM- 676 505

8. DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, MALAPPURAM -676 505 sts 2/-

-2WP(C).NO.15869/2015

9. DEPUTY SUPERINTENDENT OF POLICE, O/O. SUPERINTENDENT OF POLICE, MALAPPURAM- 676 505

10. THAHASILDAR, THALUK OFFICE, THIRUR- 676 101

11. SUB REGISTRAR, SUB REGISTRARS OFFICE, THIRUR -676 101

12. VILLAGE OFFICER, THRIKKANDIYUR VILLAGE OFFICE, THRIKKANDIYOOR, MALAPPURAM- 676 104

13. THE SECRETARY, TIRUR MUNICIPALITY, TIRUR- 676 101 *ADDL.R14 & R15 IMPLEADED *ADDL.R14: CHAIRMAN AND MANAGING DIRECTOR, POLICE CONSTRUCTION CORPORATION, CHANDRASEKHARAN NAIR STADIUM, THIRUVANANTHAPURAM-695 001 *ADDL.R15: THE EXECUTIVE ENGINEER, KERALA STATE ELECTRICITY BOARD, TIRUR WEST DIVISION, MALAPPURAM-676 101 *ADDL.R14 & R15 ARE IMPLEADED AS PER ORDER DATED 11/12/2015 IN IA.NO.17871/2015.

R1 TO R12 BY GOVERNMENT PLEADER SRI.M.R.ARUNKUMAR R13 BY ADVS. SRI.P.K.VIJAYAMOHANAN SRI.NISHIL.P.S.

ADDL.R15 BY ADV. SRI.SAJEEVKUMAR K.GOPAL,SC,KSEB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-12-2015,ALONG WITH WP(C). NO.35048 OF 2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 15869 of 2015 (G) ------------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE ASSIGNMENT DEED TRUE COPY OF THE ASSIGNMENT DEED NO. 431/1957 DATED 23.2.1957 EXHIBIT P2:

TRUE COPY OF THE REGISTERED ASSIGNMENT DEED NO.470/1956 DATED 7.4.1956 EXHIBIT P3:

TRUE COPY OF THE BILL SHOWING RUKHIYA UMMA'S NAME OF THE RECEIPTS ISSUED BY KSEB EXHIBIT P4:

TRUE COPY OF THE LETTER NO. B2-10981/13 DATED 23.8.2013 ISSUED BY THE THAHASILDAR EXHIBIT P5:

TRUE COPY OF THE ADANGAL REGISTER SHOWING THE RECORD THAT THE SY NO. 111/8 EXHIBIT P6:

TRUE COPY OF THE LETTER NO.315/TDR/ECO/14 DATED 21.3.2014 EXHIBIT P7:

TRUE COPY OF THE LETTER NO.71/2014 DATED 26.3.2014 ISSUED BY THE SUB REGISTRAR TO THAHASILDAR TIRUR EXHIBIT P8:

TRUE COPY OF THE NO.B2-3519/14 DATED 5.4.2014 EXHIBIT P9:

TRUE COPY B2-3519/14 DATED 19.5.2014 EXHIBIT P10: TRUE COPY OF THE LETTER NO. 1490/TDR/13 DATED 28.4.2014 EXHIBIT P11: TRUE COPY OF THE REPORT NO.H 3059/14 DATED 24.5.2014 EXHIBIT P12: TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR NO.B1/37603/2013 DATED 23.6.2014 EXHIBIT P13: TRUE COPY OF THE LETTER NO.D-3504/15 DATED 28.4.2015 EXHIBIT P14: TRUE COPY OF THE LETTER NO. 13/RTI/2014 DATED 5.8.2014 RESPONDENT(S)' EXHIBITS:

NIL ----------------------------------------- /TRUE COPY/ sts P.A.TO JUDGE

A.MUHAMED MUSTAQUE, J.

================== W.P.(C).No. 35048 of 2015 ================== Dated this the 11th day of December, 2015

J U D G M E N T

The issue in these writ petitions is regarding the identity of the property claimed by the petitioners comprised in Sy. No. 111/3, 111/4, 111/8 of Thrikkandiyoor Village, Tirur Taluk in Malappuram District.

This Court on an earlier occasion in W.P.C No. 2380/14 directed the District Collector to consider the representation filed by a co-owner. Thereafter the District Collector, pursuant to direction of this Court considered the claim of the petitioners and found that the claim of the petitioners are untenable and as the petitioners are unable to establish title to the property and as per the survey records this is a puramboke land. It is also noted that it is in possession of

W.P.(C).No. 35048 of 2015 - : 2 :- the police department since 1962.

It is admitted now the police department is undertaking a construction in this land.

The question is whether the decision of the District Collector is correct or not. The District Collector obviously has taken the decision taking note of the fact that the petitioners failed to establish title to the property and also on examining the encumbrance details from the Sub Registrar's Office found that it is a puramboke land.

This court is of the view that essentially when a title to the property is involved it has to be decided by identifying and demarcating the property with reference to the title deed of the parties. It is also necessary to find whether the Government land was wrongly mentioned in survey records. It is referred in the order of the District Collector that there was transfer of land in the year 1958 and thereafter through the land acquisition proceedings the land has been transferred to the police department. Certainly if such transfer has been effected, it can be verified through the proceedings of the land acquisition.

W.P.(C).No. 35048 of 2015 - : 3 :- 6.

Considering the facts and circumstances, this Court is of the view that the District Collector shall cause identification of the property through the Assistant Director of Survey and land records claimed by the petitioner with reference to the title deeds. Thereafter it has to be found out that any acquisition has taken place in respect of the land and to what extent. The identity has to be done through the survey records, title deeds etc and also with reference to the land acquisition proceedings, if any involved. After identification if it is found out that it belongs to the petitioner, then the District Collector has to find out how the property has been devolved upon the police department.

If there is no record otherwise to show that it is devolved upon the police department necessarily appropriate decision has to be taken by the District Collector. Therefore the impugned orders Ext.P10 ad P12 are set aside and the appropriate steps shall be taken in this regard within three months from the date of receipt of the copy of this judgment. The construction being undertaken can go on subject to the decision of the District Collector.

W.P.(C).No. 35048 of 2015 - : 4 :- the petitioners' land and the property exclusively belong to the petitioners, necessarily, construction undertaken would depend upon such decision.

The writ petition is disposed of, as above.

sd/- sab A.MUHAMED MUSTAQUE, JUDGE