SARASWATHY AMMA Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) The appellant is the 8th respondent in O.P. No. 18798 of 1995. The first respondent is the petitioner and respondents 2 to 9 are respondents 1 to 7 and 9 respectively therein. By judgment delivered on 22.7.2002, in N. Sreedharan Nair v. State of Kerala,2002 3 KerLT 307, the learned single Judge allowed the original petition. The 8th respondent in the original petition has, aggrieved thereby, filed this writ appeal. For the sake of convenience, the parties are referred to as they are arrayed in the original petition. The brief facts of the case are as follows:

(2.) A parcel of land, 91 cents in extent, comprised of 15 cents in Survey No. 1026, 34 cents in Survey No. 1342 and 42 cents in Survey No. 1421 of Ulloor Village, Trivandrum Taluk, was outstanding in the occupation of Viruthicars who were obliged to perform Oozhiyam services in Sree Padmanabhaswamy Temple, Trivandrum and Sree Balasubramanya-swamy Temple, Ulloor. The lands described above were in the occupation of Sri. Kumaran Velayudhan of Arakkal Veedu Tarwad, in whose favour the holding had been registered under the provisions of the Viruthi Proclamation 1061 (Travancore). Sri. Kumaran Velayudhan passed away in the year 1934 and thereafter, Sri. Madhavan Pillai Velayudhan Pillai, a near relative of late Kumaran Velayudhan and the senior most male member of Arakkal Veedu Tarwad was holding the lands though it had not been registered in his name under the Viruthi Proclamation 1061 (Travancore). Sri. Madhavan Pillai Velayudhan Pillai passed away in the year 1954. Thereupon, two brothers, Sri. Parameswaran Pillai Narayanan Pillai and Sri. Parameswaran Pillai Krishna Pillai of Arakkal Veedu Tarwad of which the registered holder late Kumaran Velayudhan was a member, moved the Tahsildar, Trivandrum for transfer of the patta of the lands in their favour. Sri. Govinda Pillai Narayana Pillai of Kannaruputhen Veedu, a nephew of Sri. Madhavan Pillai Velayudhan Pillai also moved for transfer of the patta in his favour. The rival claims were considered by the Revenue Divisional Officer, Trivandrum who by Ext.P1 order passed on 31.12.1959 transferred the patta in respect of the lands to Sri. Parameswaran Pillai Krishna Pillai, the husband of the 8th respondent and father of the 9th respondent. On the strength of Ext.P1, Sri. Parameswaran Pillai Krishna Pillai was in possession and enjoyment of the lands.

(3.) Sri. Parameswaran Pillai Krishna Pillai passed away on 2.1.1981. Within one week thereafter, Sri. N.Sreedharan Nair, the petitioner in the original petition, who is the nephew of late Parameswaran Pillai Krishna Pillai, submitted Ext.P2 application dated 8.1.1981 before the Tahsildar, Trivandrum seeking transfer of the patta in his favour. Along with Ext.P2, he had enclosed Ext.P2 (a) consent letter dated 8.1.1981 from his brother Sri. N. Ramakrishna Pillai wherein his brother had stated that he has no objection in the patta being transferred in favour of the petitioner. Late Parameswaran Pillai Krishna Pillai had raised paddy crop in the above lands held by him. The 8th respondent and her son, the 9th respondent, who are the legal heirs of late Parameswaran Pillai Krishna Pillai under the provisions of the Hindu Succession Act, 1956 resisted the claim made by the petitioner for possession of the lands. The petitioner thereupon filed an application before the Revenue Divisional Officer, Trivandrum for an order of injunction restraining the legal heirs of late Parameswaran Pillai Krishna Pillai from entering into the lands in respect of which he had filed Ext.P2 application for transfer of patta. The Revenue Divisional Officer forwarded the said application to the Village Officer, Ulloor Village. On that application, the Village Officer, Ulloor Village passed Ext.P3 order of injunction dated 17.1.1981, restraining the legal heirs of late Parameswaran Pillai Krishna Pillai from entering into the lands. In view of the scramble for possession, the Revenue Divisional Officer passed an order dated 5.2.1981 appointing the Village Officer, Ulloor Village, as the Receiver of the lands. The Village Officer took possession of the lands in his capacity as the Receiver on 16.2.1981 and submitted Ext.P4 report of even date to the Revenue Divisional Officer. The Revenue Divisional Officer thereafter issued Ext.P5 notice to the petitioner and the legal heirs of late Parameswaran Pillai Krishna Pillai calling upon them to appear for a hearing scheduled to be held on 27.2.1981 on Ext.P2 application submitted by the petitioner. The Village Officer, Ulloor Village, thereafter submitted Ext.P6 report dated 27.4.1981 to the Revenue Divisional Officer stating that on the death of Parameswaran Pillai Krishna Pillai, the senior most member of Arakkal Veedu Tarwad is entitled to transfer of the patta. He also reported that the children of late Parameswaran Pillai Krishna Pillai are not entitled to apply for transfer of the patta and that after the death of Parameswaran Pillai Krishna Pillai, his legal heirs were not in possession of the lands.