SUKUMARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India by the petitioner seeking the following reliefs:

(2.) Going by the averments in the writ petition, the petitioner was assigned 1 Hectare of land in survey No.77/1 (resurvey No. No.50/1) of Mankulam Village (Plot No.1158) under the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules 1977 on 22/7/1996 by the 2nd respondent. But the patta was issued to the petitioner after completing the formalities and some other litigations with respect to assignment of property only on 16/2/2018 with reservation that the property shall not be alienated for a period of 12 years from the date of assignment. The petitioner wants to sell the property as the reservation against alienation is not applicable as the assignment was in the year 1996 and the 12 year period is already completed from the original date of assignment. This Court in W.P.(C) No.21054 of 2022 held that the restriction under Rule 8 of the Kannan Devan Hills (Reservation and Assignment of Vested Lands) Rules 1977 is not applicable in similar cases as assignment was delayed not due to the fault of the petitioner and the assignment is to be taken from the date of original order of assignment of registry. In spite of declaration of law by this Court, the 6th respondent is not receiving documents for registration for transfer of interest and the respondents 4 and 5 are not effecting mutation on the basis of registration of documents. The Writ Petition is filed in the above background.

(3.) The 4th respondent Tahsildar, Devikulam, filed a counter affidavit dtd. 10/1/2025 denying the pleadings in the writ petition. Paragraphs 3 and 4 of that counter affidavit read thus: