SAIDU Vs. TAHASILDAR

JUDGEMENT

(1.) The prayers in the aforementioned Writ Petition (Civil) are as follows:

(2.) Heard Sri.S.Nirmal, learned counsel for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) The petitioner claims to be the absolute owner of property of 7.75 cents obtained by him as per Ext.P-1 document No.2746/04 of S.R.O., Chalapuram. It is stated that the said property was settled in his name by his mother. Earlier his mother had acquired the said property by registered leasehold right by Ext.P-2 document No.2156/1987 of S.R.O., Chalapuram and as per Ext.P-3 release deed No.2192/87 of S.R.O., Chalapuram, the petitioner's mother acquired absolute occupation of 2.25 cents of land as karaima as per the abovesaid document. The petitioner's mother had applied for assignment of the appurtenant land as beneficial enjoyment under Sec.54 of the Kerala Land Reforms Act. The said application was made as per Act 16/1989 and Act 21/1999. By Ext.P-4 order dtd. 22/6/2000 rendered by the Land Tribunal, Kozhikode, the abovesaid application filed by the mother was allowed and purchase certificate was issued thereby in respect of 8.15 cents of land. Petitioner's mother claimed to be in occupation of 2.25 cents of land as karaima and 7.75 cents of appurtenant land as beneficial enjoyment. The petitioner's mother was issued Ext.P-5 purchase certificate dtd. 10/10/2000 by the Land Tribunal, Kozikode for a total extent of 8.15 cents. It appears that the said 8.15 cents of land comprised of 5.90 cents of land by way of beneficial enjoyment and 2.25 cents by way of karaima thus totalling to 8.15 cents. It is thereafter that the petitioner's mother had assigned the said property to the petitioner as per Ext.P-1 document No.2746/04. Thereupon, the petitioner had paid tax as per Ext.P-5 land tax receipt for 7.75 cents, which appears to be the actual land area of actual measurement in the field.