IQBAL . S Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Heard Sri.Anchal C.Vijayan, learned counsel appearing for the petitioners and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

(3.) The petitioners are spouses residing with the 1st petitioner's mother who is now aged more than 80 years and the two daughters of the petitioners who are now 18 years and 15 years respectively in a small house constructed in a land having an extent of 4.12 ares comprised in Re.Sy.No.328/11 in Block No.43 of Kottukkal Village, Kottarakkara Taluk, Kollam Revenue District. That the said land having an extent of 4.12 ares in Re.Sy.No.328/11 was assigned to both the petitioners as per Ext.P-5 patta dated 21.2.2017 issued by the 4th respondent Tahsildar, Kottarakkara and the said land was in occupation and possession of the 1st petitoner's mother from the year 1965 onwards, it is averred. After the grant of patta as per Ext.P-5 the property was mutated in the name and basic land tax was also been remitted by the petitioners in respect of the said property covered by Ext.P-6 receipt. Now the 4th respondent Tahsildar has issued the impugned Ext.P-8 proceedings dated 28.12.2018 unilaterally cancelling the Ext.P-5 patta granted in favour of the petitioners without affording any reasonable opportunity of being heard to the petitioners, based on the directions issued by the 2nd respondent District Collector as per letter dated 24.11.2018 referred to in Ext.P-8 which has directed the 4th respondent Tahsildar to cancel Ext.P-5 patta. It appears that pursuant to the said letter dated 24.11.2018 issued by the 2nd respondent District Collector, whereby he had directed the 4th respondent Tahsildar to cancel Ext.P-5 patta, the 4th respondent has issued Ext.P-7 notice dated 11.12.2018 calling upon the petitioners to produce the original of the patta and thereafter the 4th respondent has cancelled the Ext.P-5 patta as per the impugned Ext.P-8 proceedings dated 28.12.2018. It appears that the grounds raised by the respondents 2 and 4 for cancelling Ext.P-5 patta is that before the formal issuance of Ext.P-5 patta dated 21.2.2017, the petitioners have purchased another piece of land coming to an extent of 32.09 ares and therefore the grant of land assignment in favour of the petitioners in respect of the subject property having an extent of 4.12 ares as per Ext.P-5 patta is illegal and improper etc.