K.ABDUL VAHID Vs. STATE OF KERALA

JUDGEMENT

(1.) As per Ext.P -1 dated 29.7.2000, the 2nd respondent -Tahsildar, Chirayinkeezhu Taluk, Thiruvananthapuram District, has granted patta to the 1st petitioner in respect of 11.50 cents of land in Sy.No.722 -1 -7 of Madavoor Village in Chirayinkeezhu Taluk and as per Ext.P -2 dated 28.5.2008, the 2nd respondent -Tahsildar has granted patta to the 2nd petitioner in respect of 43.622 cents of land in the same survey number. The 1st petitioner is the husband of the 2nd petitioner. Ext.P -3 dated 18.2.2003 is the document which evidences payment of assignment charges and land tax by the 1st petitioner in respect of the patta covered by Ext.P -1. Ext.P -4 is the land tax receipt dated 2.5.1998 which evidences payment of land tax and 'tharavila' (land value) by the 2nd petitioner in respect of the land covered by Ext.P -2 patta. Ext.P -5 dated 13.8.1999 evidences payment of charges for issuance of patta to the 2nd petitioner. Ext.P -6 dated 18.2.2003 is the certificate regarding payment of land tax by the 2nd petitioner for the year 2000 -01 for the above the said land covered by Ext.P -2 patta. Thereafter, the revenue authorities concerned have refused to accept land tax from both the petitioners by orally informing the petitioners that the land covered by Exts.P -1 & P -2 pattas are shown in the re -survey records as Government lands but not as pata lands. Thereupon, the 1st petitioner submitted Ext.P -7 representation dated 6.2.2003 before the 3rd respondent - Superintendent of Resurvey, Thiruvananthapuram, for taking necessary steps to ensure that the relevant records in the resurvey correctly show the 1st petitioner's land as patta land and not as Government land. Similar representation was also given by the 2nd petitioner before the 3rd respondent. But, they were informed by the 3rd respondent that he is not in a position to take any effective action on those representations. The 1st petitioner had submitted Ext.P -8 representation dated 26.7.2003 and the 2nd petitioner submitted Ext.P -9 representation dated 26.7.2003 before the 2nd respondent -Tahsildar praying that in view of the assignment proceedings and the pattas issued to the petitioners, necessary directions should be issued to the Village Officer concerned to accept the land tax from the petitioners in respect of the above said land covered by Exts.P -1 & P -2 pattas. Since no further action was forthcoming from respondents, the petitioners were constrained to institute the instant Writ Petition on 13.10.2008 with the following prayers:

(2.) The 3rd respondent has filed a counter affidavit dated 30.1.2010 in this case in which the above facts regarding assignment proceedings and issuance of patta have been clearly admitted therein. It is stated in para 3 thereof that resurvey was notified under Sec.6(1) of the Kerala Survey and Boundaries Act, 1964, in Madavoor Village on 13.9.1977 and after completing the field work, notification under Sec.9 (2) under that Act was published on 2.11.1994 and records were published in the Village Office for examining and correcting anomalies. That Sec.13 notification was published on 9.6.1998 and the resurvey records were implemented for revenue administration on 1.8.2000, that patta in the case of the 1st petitioner was issued on 29.7.2000 and that patta in respect of the 2nd petitioner was issued on 28.5.1998 and that both these pattas have been issued after publication of the above said Sec.9(2) notification and Sec.13 notifications. It is further stated that in the old survey records as well as in the resurvey records, the above said lands of the petitioners covered by the above said pattas are included as forest land/reserved forest. That pattas have been issued in this case in the old survey No.722. Since the land in the possession of the petitioners comes under reserve forest, the 3rd respondent maintained the status and not changed the status of the land as patta land. It is further contended that patta does not by itself confer any title on the petitioners and holding patta of an un -assignable forest land which is not otherwise assignable will not make the petitioners entitled for the same and that there is no legal right for the petitioners to get forest land or any other Government land assigned as a matter of right, etc.

(3.) Petitioners have filed a detailed reply affidavit dated 16.2.2011 to rebut the averments and contentions raised in the aforesaid counter affidavit. Ext.P -10 is the assignment proceedings issued in favour of the 1st petitioner which led to the grant of Ext.P -1 patta. The 2nd page of Ext.P -10 shows that pursuant to the application made by the 1st petitioner it has been found in the BTR (Basic Tax Register) that it has been recorded as barren land and that it is included in the list of assignable lands. It is after careful scrutiny of all other aspects, the competent authorities concerned had decided to assign the land to the 1st petitioner as per Ext.P -10. Ext.P -11 is the assignment proceedings issued in favour of the 2nd petitioner which led to grant of Ext.P -2 patta. In Ext.P -11 proceedings also, it is clearly found by all the authorities concerned that the land in question for which assignment was sought by the petitioner is included in the list of assignment lands. It is thereafter on fulfilling all the meticulous formalities, the authorities have recommended for grant of patta in favour of the petitioners. Ext.P -12 is the resolution dated 12.3.1997 of Madavoor Panchayath which has recommended grant of patta in favour of the 1st petitioner. Ext.P -13 is the minutes dated 18.4.1998 of the Land Assignment Committee (LAC) in relation to various lands and item No.14 of Ext.P - 13 minutes is the one in favour of Ext.P -2 issued to the 2nd petitioner. Ext.P -14 is the resolution dated 8.6.2000 of the Madavoor Grama Panchayath recommending issuance of patta in favour of the 1st petitioner. Ext.P -15 dated 9.2.2000 and Ext.P -16 dated 16.9.1996 are the notices issued under Rule12(1) of the Kerala Land Assignment Rules in respect of the assignment applications of the petitioners which ultimately led to Ext.P -1 and Ext.P -2 pattas. Exts.P -15 and P -16 would show that necessary notices under Rule 12(1) were issued inviting objections against assignment of land in favour of the petitioners from the public. Ext.P -17 is the mahazar dated 29.1.2000 of the Village Officer concerned in relation to the land covered by Ext.P -1 which led to the assignment proceedings, assignment order and the patta in favour of the 1st petitioner. In Ext.P -17 it is inter alia clearly noted that the land in question (which led to Ext.P -1 patta in favour of the 1st petitioner) is included in the list of assignable lands and it is not forest land and that there are no forest land in the boundaries of that property. Further, it is clearly stated in Ext.P -17 that the 1st petitioner has constructed a building in the land and that he is in possession of the land for more than ten years. Ext.P -17(2) is the plan prepared by the Village Officer concerned in respect of the land covered by Ext.P -1 which clearly shows that the property in question are bounded on all four sides by other private properties. It may be noted that Ext.P -18 is the application submitted by the 1st petitioner which led to the issuance of patta in favour of the 1st petitioner. In the endorsement of Ext.P -18 application, the Village Officer has certified that the land in question has been in the possession of the petitioner and that he is residing in the building constructed in that land. Ext.P -19 is the mahazar dated 6.6.1996 prepared by the Village Officer in respect of the land for which patta was later granted to the 2nd petitioner as per Ext.P -2. Ext.P -19 mahazar also clearly shows that the land in question is bounded on all four sides by other private properties. Ext.P -19(3) is the plan of the properties in question which shows the exact lie and nature of the property as well as the fact that the property is bounded on all sides by other properties. Ext.P -20 is the assignment order dated 13.7.2000 in relation to 1st petitioner which ultimately led to the issuance of Ext.P -1 patta in his favour.