RAVEENDRAN PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that he is the absolute owner in title and possession of property having an extent 8.5 cents as per Exhibit P2 sale deed executed in his favor by Sri.Rajendran in the year 2002. The above property is a portion of the 5 acres and 65 cents of property assigned in favour of Sri. Kuttan Nair and Sri. M.T. Chacko as per Exhibit P1 Land Assignment Certificate dated 23.5.1974 in SMP No.134/72. The portion of the said property was sold by the assignees to Sri. Radhakrishna Pillai and his wife Suseela Devi as per Sale Deed No. 1482/1988 and they sold a portion to Sri. Rajendran as per Sale Deed No. 4146/1988 and another portion to Sri. Mohammed Kunju Labba as per Sale Deed No. 754/1993. Later Sri. Rajendran purchased the property from Sri. Mohammed Kunju Labba and thereafter he sold the property to the petitioner herein. The petitioner contends that basic tax was being received by the respondents in the name of the petitioner as is evident from Exhibit P7 tax receipt. His grievance is that though the property was assigned to him as early as in the year 2002, no other revenue certificates are being issued to him stating that I.P.No. 3/1100 (M.E) is still pending on the files of the District Court, Kollam.

(2.) The petitioner contends that I.P.No.3/1100 (M.E) was filed by a wealthy merchant by name Koya Kunju, who had extensive properties in the Chadayamangalam area as it stood then. The properties of the insolvent were handed over to the official receiver, District Court, Kollam, and subsequently, all the creditors were paid off and finally, the insolvency proceedings were annulled by the District Court by order dated 23.11.1960.

(3.) It is contended that after the coming into force of the Kerala Land Reforms Act, 1963, the property of Sri. Koya Kunju, came to be vested with the Government by virtue of Section 72 of the said Act, free of all encumbrances, created either by the landowner or the intermediaries. Various proceedings were initiated before the Land Tribunal, Chadayamangalam in respect of properties comprised in Sy. Nos. 624/1 and 664 of the Ittiva and Kottukal Village. All those cases were disposed of by the Land Tribunal and assignment certificates were issued in respect of the properties involved therein. It is contended that the property settled in favour of the petitioner is also a part of such properties.