VARGHESE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner in this writ petition was the petitioner in W.P.(C)No.11225/2018 challenging an encumbrance certificate showing pendency of proceedings under Section 85(7) of the Kerala Land Reforms Act, 1963. The said writ petition was disposed of permitting to sell the property at his own risk on condition that the same shall be bound by the directions or orders issued by the Government or statutory authorities with respect to sale.

(2.) The present grievance of the petitioner is in regard to Ext.P12 wherein an endorsement has been effected based on the order passed by the District Collector under Section 120 A of the Kerala Land Reforms Act. The petitioner's predecessor -in- interest, namely, Santhosh was a declarant in a ceiling proceedings before the Taluk Land Board, Vaikom. The petitioner appears to have derived title from Santhosh. Since the proceedings are pending, the District Collector passed an order invoking Section 120 A of the Kerala Land Reforms Act, restraining the transaction of the land belonging to Santhosh.

(3.) The Section 120 A of the Kerala Land Reforms Act can be invoked, if there are attempts to transfer the land thereby defeating the provisions of this Act. There is no traceable reason to attract Section 120 A. Any transactions effected by the petitioner cannot defeat ceiling proceedings already initiated. In as much as that, if the land is liable to be surrendered, the petitioner is also bound to obey such direction of the Taluk Land Board. The petitioner or his assignee cannot take any shelter under the transaction stating that they have no knowledge about these proceedings.