VIJAYAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner states that she is the absolute owner in the title and possession of property having an extent of 20 Ares and 23 Sq. Mtrs. purchased by her as per Exhibit P2 sale deed executed in her favor by Sri. Sasidharan Pillai in the year 1975. The above property is part of 95 cents of property assigned in favour of Sri. Sasidharan Pillai as per Exhibit P1 Land Assignment Certificate dated 13.11.1973 in SMP No.91/72. She contends that basic tax was being received by the respondents in the name of the petitioner as is evident from Exhibit P7 tax receipt. Her grievance is that though the property was assigned to her as early as in the year 1975, no other revenue certificates are being issued to her 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.