MAYIL SWAMY N. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is in possession and enjoyment of 4.40 Acres of land in Sy.No.648/2 of Agali Village, covered by Ext.P1 sale deed bearing No.1734/1974 dtd. 10/4/1974 of the Sub Registrar Office, Mannarkkad, has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P13 order dtd. 5/4/2019 of the 3rd respondent Sub Collector, Ottapalam and Ext.P15 order dtd. 13/2/2020 of the 2nd respondent District Collector, Palakkad.

(2.) According to the petitioner, the aforesaid property originally belonged to Mannarkkad Moopil Sthanam, as borne out from Ext.P2 document No.3133/1965 dtd. 21/10/1965; Ext.P3 document No.3108/1966 dtd. 23/9/1966; Ext.P4 document No.1012/1967 dtd. 17/3/1967; Ext.P5 document No.209/1968 dtd. 18/1/1968; and Ext.P6 document No.531/1968 dtd. 9/2/1968 of the Sub Registrar Office, Mannarkkad. The document marked as Ext.P7 is a possession certificate dtd. 26/1/1973 issued by the Land Tribunal, Agali in S.M. Proceedings No.15/1973 and that marked as Ext.P8 is a possession certificate dtd. 21/5/1974 issued by the Land Tribunal, Agali, in S.M. Proceedings No.421/1974. In the year 1974, proceedings were initiated invoking the provisions under the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1975, against 4.40 Acres of land covered by Ext.P1 sale deed, by the 3rd respondent Sub Collector, at the instance of the predecessor-in-interest of the 3rd respondent. By the order dtd. 7/9/1987, the petitioner was directed to surrender 4.40 Acres of land. The 1975 Act was repealed by the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act, 1999, with effect from 24/1/1986. Therefore, the 3rd respondent reconsidered the matter and issued Ext.P9 proceedings dtd. 14/8/2013, whereby the petitioner was directed to restore possession of 4.40 Acres of land. Ext.P9 order is one issued by the 3rd respondent in exercise of his powers under sub-sec. (3) of Sec. 7 of the Act of 1999. Challenging Ext.P9 order, the petitioner preferred an appeal before the 2nd respondent District Collector, under sub-sec. (5) of Sec. 7 of the said Act. By Ext.P10 order dtd. 22/8/2017, that appeal was allowed by remanding the matter to the 3rd respondent, to measure the property in terms of the documents and thereafter, reconsider the matter. After the order of remand, there was delay on the part of the 3rd respondent in finalising the matter. The petitioner had approached this Court in W.P. (C)No.29572 of 2018, which was disposed of by Ext.P11 judgment dtd. 28/9/2018, by directing the 3rd respondent to finalise the proceedings after completing all due procedure within a period of four months from the date of receipt of a copy of that judgment. Alleging police harassment, the petitioner had approached this Court in W.P.(C)No.9254 of 2019 and that writ petition was disposed of by Ext.P12 judgment dtd. 11/4/2019, taking note of Ext.P13 order dtd. 5/4/2019 of the 3rd respondent and also the submission made by the learned Senior Government Pleader that the police was only eager to ensure the law and order situation. By Ext.P13 order, the 3rd respondent upheld the claim of respondents 4 and 5 over the property having an extent of 4.40 Acres covered by Ext.P1 sale deed. Feeling aggrieved, the petitioner filed Ext.P14 appeal before the 2nd respondent District Collector, under sub-sec. (5) of Sec. 7 of the Act. The said appeal ended in dismissal by Ext.P15 order dtd. 13/2/2020 of the 2nd respondent, which is under challenge in this writ petition.

(3.) On 28/5/2020, when this writ petition came up for admission, this Court admitted the matter on file. The learned Government Pleader took notice for respondents 1 to 3 and the petitioner was directed to take out notice for respondents 4 and 5, within one week. While ordering the matter to be listed after one month for the counter affidavit of the respondents, this Court granted an interim stay of operation and implementation of Exts.P13 and P15, till then. The said interim order, which was extended from time to time, is still in force.