AMMINI ZACHARIAS Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Petitioner is the Power of Attorney Holder of her children try names Manoj Issac, Vinod Issac, Sunoj Issac and Sunitha Issac. Thekkumparambil late Sri. Issac is the husband of the petitioner. The petitioner's husband's father Manikkat Thekkumparambil Ulahannan got assignment of four items of property having an extent of 28.94 acres of land comprised in R.S.No.62/1, 62/2, 64 and 65 from Sri. M. Narayanan Nair as per registered sale deed No.634/1944. Out of these four items, two items viz. 3.83 acres comprised in R.S.Nos. 6271 and 6.6 acres comprised in R.S.No.62/2 were Government lands. They were granted in Darkast in favour of Narayanan Nair. Sri. Narayanan Nair received a notice issued by the Deputy Tahsildar, Vythiri calling upon him to remit Rs. 165 Ana 4 as tree value, Rs.42 and 13 Annas as land value and Re.1/- as sub division fee with respect to the above property and accordingly he had remitted the said amount on 17-10-1942. Later, he had received another communication wherein he was called upon to remit an amount of Rs.20 ana 11. That was also remitted by him on 11-11-1942. Again he received another notice on 6-5-1943 calling upon him to remit an amount of Rs.20 anas 11 towards land value in respect of the property comprised in R.S.No.62/1. That was also remitted by him on 14-5-1943.Ext. P2 is the receipt issued to Narayanan Nair. Thereafter, Sri. Narayanan Nair assigned the above said property to the petitioner's husband's father, Ulahannan.

(2.) It is alleged in the petition that Sri. Ulahannan was in exclusive possession and enjoyment of the said property, eversince the date of sale deed. He has also affected valuable improvements in the property. In the meanwhile, on 16-4-1950 the Deputy Tahsildar of Vythiri passed an order under the provisions of the Madras Land Encroachment Act directing Ulahannan to surrender 70 cents of property comprised in R.S.No.62/1. Aggrieved by the said order Ulahannan filed an appeal before the then Collector of Malabar. The appeal was allowed and the eviction proceedings were dropped. Ulahannan was informed that the assignment of land will be issued by the Sub Collector in due course. Ext. P3 is the order of the Collector of Malabar.

(3.) Thereafter, Ulahannan gifted property measuring 3.51 acres in R.S.No.62/1 and 5.21 acres in R.S.No.62/2 to the petitioner's husband and to his brother Abraham jointly by a gift deed No.995/1958. Thereafter, Sri. Abraham released his right in the said property to the petitioner's husband under Ext. P4. After the death of the petitioner's husband the petitioner and her children are in exclusive possession and enjoyment of the property measuring 3.51 acres in R.S.No.62/1 and 5.21 acres in R.S.62/2. Thereafter, Narayanan Nair, Ulahannan and the petitioner's husband were praying for assignment of lands in their possession. Ext. P6 is the representation filed by the petitioner's husband. The Village Officer, Kottappadi issued Ext. P7 possession certificate to the petitioner. But, the second respondent has not passed any order on Ext. P6. According to the petitioner, the entire amount called for getting assignment of land has been remitted. Since no patta was issued in their favour, they filed O.P.No. 15366/93 before this court and this court directed the second respondent to consider and dispose of the matter. It is alleged in the petition that now she has received a communication issued by the second respondent stating that patta with respect to the said property could be issued only under the provisions of the Kerala Land Assignment Rules and that the petitioner has to remit the market value of the land prevailing in the locality. Ext. P8 is the communication. According to the petitioner Ext. P8 order is arbitrary and illegal. Therefore, she has filed this original petition for a writ of certiorari quashing Ext. P8 and to direct the second respondent to issue patta to the petitioner in respect of property measuring 3.51 acres in R.Sy.No.62/1 and 5.21 acres in R.Sy.No.62/2 of Kottappadi Village in Wynad District.