JOY C.J. Vs. DISTRICT COLLECTOR, WYNAD

JUDGEMENT

(1.) Heard Sri Mohan C. Menon, the learned counsel appearing for the appellants/writ petitioners. Sri Aravind Kumar Babu, the learned Government Pleader appears for respondents 1 to 3. The 5th respondent (B. Chandran) is represented by Sri Shaji Joseph, the learned counsel.

(2.) The W.P.(C). No. 14261 of 2015 was filed by nine petitioners, who challenged the order dated 23.03.2015 (Ext. P8) of the District Collector, Wayanad, whereby the Inspector General, Registration Department, Thiruvananthapuram, was directed cancellation of registered sale deeds, executed by the additional 5th respondent and his mother, in favour of the petitioners. The concerned land, admittedly, was coffee plantation, namely, Brahmagiri and Sivagiri estates in Thirunelli Village in Mananthawadi Taluk. The 4th respondent complained before the authorities that larger extents of land have been transferred violating the provisions of the Kerala Land Reforms Act, 1963.

(3.) The writ petitioners contended that the purported exercise of powers under Section 83A(ii) and Section 71(3) of the Registration Act, 1908, and the related provisions of Rule 215B of the Kerala Registration Rules, were incorporated through the Amendment Act 31 of 2013, with effect from 30.09.2013. Therefore, the sale transaction conducted earlier on 31.08.2006 could not have been interfered, on the basis of the 2013 Amendment, of the Registration Act and Rules.