THANKESWARAN R Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) As both these writ petitions involve a common issue, they are taken up for consideration together and disposed by this common judgment.

(2.) The petitioners in these writ petitions are owners of property in Marayur Village. In the writ petition it is their case that on account of the financial difficulties that they face, they want to dispose a portion of their property and with that intention they approached the 3 rd respondent for registering a sale deed executed in respect of the said properties. They were then confronted with a communication dated 02.08.2019 informing them that they had to get a prior permission from the 2nd respondent for effecting the sale of their properties which are situated in Marayur Village. It is impugning the said communication that they have approached this Court contending, inter alia, that the 2 nd respondent has no authority to prevent an alienation of their property in the absence of any adverse finding under any regulatory statute against the said property.

(3.) The learned Government Pleader would submit, on instructions, that the directions of the 2nd respondent were issued in the wake of complaints regarding illegal conversion/reclamation of paddy fields/sugar cane fields in Marayur Village, and the sale of the same after dividing it into plots. It is stated that the District Collector, Idukki had instructed the 2 nd respondent to stop transactions of land in whole in Block No.48, Survey No.219/II of Marayur Village vide his letter dated 25.09.2019. It is apparently taking note of the historical importance of Marayur, that has natural sandalwood forests, that the aforesaid restrictions were imposed in the interest of preserving the landscape of Marayur as also to protect the source for the famous Marayur Jaggery which is known for its high quality, unique flavour and medicinal properties.