ELSY JOSHY Vs. VILLAGE OFFICER, KUMBALANGI

JUDGEMENT

(1.) In the year 1976, one Smt. Thressia applied for assignment of an extent of 55 cents of land in Sy.No.1657 in Kumbalanghi village, Ernakulam District. The aforesaid land was part of a puzha puramboke of a total extent of 1376.49 acres leased out to one Anna Ouseph. Ext.P2 order under Rule 9 (1) of the Kerala Land Assignment Rules, 1964 ('Rules', for short) was issued on 20.01.1976 assigning the aforesaid 55 cents of land to Smt. Thressia as per LA 240/1974. However, pursuant to the assignment, no patta was issued though Smt. Thressia had remitted the land value.

(2.) Flashed back, by virtue of Ext.P1 Settlement deed executed by Smt. Thressia in the year 1962, the extent of 55 cents of land was set apart for her daughter-in-law, Smt.Thressiamma (the wife of Joseph, eldest son who predeceased Smt. Thressia) and Antony, son of Smt.Thressiamma and late Joseph.

(3.) As per Ext.P4 sale deed No.527/83 of SRO, Mattancherry, Sri. Antony transferred his right over the aforesaid 55 cents of land to Sri. Joshi. V.R, S/o. Raphel, another grandson of Smt. Thressia. Later, vide Ext.P5 sale deed No.5872/2006 of SRO, Mattancherry, Smt.Thressiamma also transferred her right over the aforesaid 55 cents of land to Sri. Joshi. V.R. Though Sri. Joshi. V.R approached the authorities for issuance of patta pursuant to Ext.P2 order of assignment, the same was not issued and he, therefore, approached this Court by filing WP(C) No.27034/2008. Sri. Joshi. V.R died during the pendency of the said writ petition and the present petitioners got impleaded as additional petitioners in the said writ petition.