IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 25171 of 2008(V) -------------------------------- PETITIONER: -------------- CHACKEERI SHEIKH ABDULLAH S/O.AHMEDKUTTY, CHACKEERI HOUSE CHEROOR PO., KANNAMANGALAM VILLAGE THIRURANGADI TALUK,, MALAPPURAM DISTRICT. BY MR.N.SUKUMARAN, ADVOCATE. MR.S.SHYAM, ADVOCATE. MR.BOBBYMATHEW KOOTHATTUKULAM, ADVOCATE. MR.R.ARUN, ADVOCATE. MS.R.S.ASHA, ADVOCATE. RESPONDENTS: ------------------ 1. DISTRICT COLLECTOR, MALAPPURAM MALAPPURAM PO., MALAPPURAM. 2. TAHSILDAR, THIRURANGADY, CHEMMAND PO., MALAPPURAM. 3. VILLAGE OFFICER, KANNAMANGALAM VILLAGE CHEROOR.PO., MALAPPURAM. 4. TALUK LAND BOARD, THIRUR REP. BY ITS CHAIRMAN. 5. KOTTAKKAL MALAYIL SREEDHARAN, VENGARA, CHEROOR P.O., MALAPPURAM DISTRICT. 6. KUNJAVUTTY, S/O.MANATTIL KEERAN, VENGARA P.O., MALAPPURAM DISTRICT. WP(C).No. 25171/2008 7. KARI, S/O.KOTTADAN KANNAN, KOTTASSERI PURAYA HOUSE, KANNAMANGALAM P.O., MALAPPURAM DISTRICT. 8. CHOLAN S/O. AVUMTHIKKADAN VALIYA CHATHAN, KANNAMANGALAM P.O., THINDEKKADU, MALAPPURAM DISTRICT. 9. AVUNTHIKKADAN NADIKUTTY, KURUVITHODIKA HOUSE, PERAMBILPADI, VENGARA P.O., MALAPPURAM DISTRICT. 10. NEELANDAN, S/O. VELUVAN KUMMUNIYAN, VENGARA P.O., KUNNAMANGALAM, MALAPPURAM DISTRICT. 11. AHAMMED S/O. KOTTADAN POCKER, KANNAMANGALAM P.O., MALAPPURAM DISTRICT (DIED). 12. HUSSAIN (BROTHER), CHODAMKUNU, ACHANAMBALAM P.O., KANNAMANGALAM, VENGARA, MALAPPURAM DISTRICT. 13. SAIDALAVI (BROTHER), ACHANAMBALAM P.O., KANNAMANGALAM, VENGARA, MALAPPURAM DISTRICT. 14. P. PATHUMMA (SISTER), ACHANAMBALAM P.O., KANNAMANGALAM, VENGARA, MALAPPURAM DISTRICT. BY MR.RAJU JOSEPH, ADVOCATE, FOR R5, R6, R9 & R10. MR.M.L. SAJEEVAN, SPL. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25171/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF GIFT DEED No.637/70. EXT. P2 : COPY OF CERTIFICATE ISSUED BY VILLAGE OFFICER, KANNAMANGALAM No.977/06 DTD. 21.12.06. EXT. P3 : COPY OF ORDER DTD. 31.12.81 BY TALUK LAND BOARD, TIRUR. EXT. P4 : COPY OF ROUGH SKETCH. EXT. P5 : COPY OF PERMIT DTD. 25.6.03 ISSUED BY MALAPPURAM DISTRICT OFFICE OF MINING AND GEOLOGY DEPT. TO THE PETITIONER. EXT. P5(a) : COPY OF PERMIT DTD. 12.3.07 ISSUED BY MALAPPURAM DISTRICT OFFICE OF MINING AND GEOLOGY DEPT. TO THE PETITIONER. EXT. P6 : COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.P.(C) 1341/2007 DTD. 2.2.07. EXT. P7 : COPY OF ORDER OF REVENUE DIVISIONAL OFFICER DTD. 28.2.07. EXT. P8 : COPY OF REPORT OF R2 DTD. 7.3.07. EXT. P8(a) : COPY OF SKETCH ATTACHED TO EXT. P8. EXT. P9 : COPY OF LETTER ISSUED BY R1 DTD. 27.3.07. EXT. P10 : COPY OF LICENCE DTD. 9.6.09 ISSUED TO PETITIONER UNDER THE EXPLOSIVES ACT. EXT. P11 : COPY OF REPORT ISSUED BY TALUK SURVEYOR, THIRURANGADI DTD. 29.6.07. EXT. P12 : COPY OF REPORT OF R3 DTD. 18.6.07. EXT. P12(a) : COPY OF REPORT OF R3 DTD. 17.9.07. 5TH RESPONDENT'S EXHIBITS: EXT. R5(A) : COPY OF DEED OF ASSIGNMENT IN FORM 19 BETWEEN THE GOVERNOR OF KERALA AND THE 5TH ADDITIONAL RESPONDENT DTD.19.11.83. WP(C).No. 25171/2008 EXT. R5(B) : COPY OF DEED OF ASSIGNMENT IN FAVOUR OF 6TH ADDITIONAL RESPONDENT DTD. 19.11.83. EXT. R5(C) : COPY OF ASSIGNMENT DEED IN FAVOUR OF 9TH ADDITIONAL RESPONDENT DTD.12.12.88. EXT. R5(D) : COPY OF ASSIGNMENT DEED IN FAVOUR OF 10TH ADDITIONAL RESPONDENT DTD. 19.11.83. // True Copy // P.A. to Judge. smp S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.25171 OF 2008 ------------------------------- Dated this the 28th day of JUNE, 2010 J U D G M E N T The petitioner is the son of late Chackeeri Ahammedkutty, who was a declarant in proceedings under the ceiling provisions of the Kerala Land Reforms Act. The Taluk Land Board, by Ext.P3 order, finally determined the extent of land liable to be surrendered by Chackeeri Ahammedkutty while he was alive. The petitioner received certain land in Survey No.425 as per Ext.P1 gift deed. According to the petitioner, as per Ext.P3, the entire land covered by Ext.P1 was exempted and deducted from the declarant’s account and the declarant was directed to surrender 4.07 acres of land considering the land already surrendered. Out of 4.07 acres, 2.50 acres is to be surrendered from Survey No.425. The third respondent – Village Officer assumed possession of 2.50 acres in Survey No.425, which according to the petitioner includes land in the possession and ownership of the petitioner. It is under the above circumstances, the W.P.(c)No.25171/08 2 petitioner has filed this writ petition seeking the following reliefs: “i) to issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents to re/convey to the petitioner the land belonging to the petitioner in Survey No.425 of Kannamangalam village, Thirurangady Taluk which is already Assumed possession of by the 3rd respondent. ii) Issue a writ of mandamus commanding Respondents to allow the petitioner to continue in possession of 6.75 acres of land comprised in Re.Sy.No.425 of Kannamangalam Village of Thirurangady Taluk covered by Ext.P1 without any sort of disturbance or interference by them” 2. The first respondent has filed a counter affidavit, in which it is stated that subsequent to Ext.P3 order dated 31.12.1981 of the Taluk Land Board, Smt.Ummutty Umma, the mother of the petitioner and the wife of the declarant filed a petition before the Taluk Land Board requesting to review Ext.P3 order. The Taluk Land Board considered the petition in detail and found no grounds to review the case and rejected her petition by order dated 26.3.1982. Aggrieved by this order of the Taluk Land Board, Smt.Ummutty Umma filed C.R.P.No.1382/1982 before this Court and this Court by order dated 27.1.87 set aside Ext.P3 order of the Taluk Land Board and ordered re-opening of the ceiling case to the extent it directs surrender of 1.57 acres of land belonging to the W.P.(c)No.25171/08 3 petitioner in Sy.No.423. While the case was being heard by the Taluk Land Board, as directed by this Court, in the above C.R.P., the declarant Sri. Chackeeri Ahammed Kutty expired and his widow and nine children were impleaded in the case as legal heirs of the deceased declarant. All the legal heirs including the petitioner and interested parties were heard by the Taluk Land Board in detail, after giving notice to them. As there was no further evidence produced by the legal heirs to disprove the findings in the earlier order dated 31.12.1981, as per which an extent of 1.57 acres of excess land was to be taken possession of from Sy.No.423 of Kannamangalam Village. Then the Tahsildar, Tirurangadi reported that out of 1.57 acres he could take only an extent of 1.02 acres of land in Sy.No.423 and remaining extent of 0.55 acres of land was not available in Sy.No.423. Considering the reports of the Tahsildar, Thirurangadi, the Taluk Land Board issued revised orders on 19.8.2000 directing taking possession of remaining 0.55 acres of excess land in Sy.No.425 instead of Sy.No.423. Aggrieved by those orders, the petitioner’s mother and elder brother jointly filed two separates CRPs, namely W.P.(c)No.25171/08 4 C.R.P.Nos.2141/03 and 2142/03 before this Court. Considering the contentions of the petitioner’s brother this Court directed the Taluk Land Board to accept the property which is mentioned in his affidavit as excess land to be surrendered by the declarant. It is while taking further action by the Taluk Land Board in compliance with the above orders of this Court that the petitioner has filed this writ petition raising new contentions against taking possession of 2.50 acres of excess land in Sy.No.425 of Kannamangalam Village. This excess land was ordered to be resumed by the Taluk Land Board by order dated 31.12.81, has been taken possession by the first respondent on 16.3.82 and the same was assigned to seven eligible persons on the basis of a public notification No.C2-5886/80 dated 29.5.82 dated 29.5.82 of District Collector, Malappuram. It is specifically stated in the counter affidavit that the petitioner is one of the children of deceased declarant and was a party to the proceedings of the Taluk Land Board after the death of the decalrant. The contention of the first respondent is that the petitioner has filed this writ petition raising new contentions which were never raised by the W.P.(c)No.25171/08 5 petitioner during the course of the proceedings before the Taluk Land Board. 3. Respondents 5 to 14 ( of which respondents 12 to 14 who are the legal heirs of one of the deceased respondents) take the contention that the property in question has been assigned to them as early as in 1982 and they are in possession of the same. 4. I have considered the rival contentions in detail. Admittedly, the petitioner wants re-conveyance of the properties already taken possession of. The petitioner now takes the contention that taking of possession of the excess land was done in violation of Rules 17 to 20 and 22 of the Kerala Land Reforms (Ceiling Rules) 1970. I am of opinion that it is too late in the day for the petitioner to raise such a contention. The petitioner has not chosen to controvert a specific averment of the counter affidavit of the first respondent that the land in question was taken possession of as early as on 16.3.1982 and also that the same was assigned to the party respondents in the writ petition. The petitioner has filed this writ petition only on 19.8.2008, twenty six years W.P.(c)No.25171/08 6 later. I do not think that this Court can countenance such contention at this point of time. Even otherwise, subsequent to orders of Ext.P3 order, as per directions of this Court in CRPs filed by the other legal heirs of late Chackeeri Ahammed Kutty, revised orders have been passed which also have not been produced by the petitioner in this writ petition. For all the above reasons, I am not inclined to interfere with the taking over of possession of the property and assignment made as early as in 1982 which have become final long ago. Therefore, the writ petition is dismissed. S. SIRI JAGAN, JUDGE acd W.P.(c)No.25171/08 7 W.P.(c)No.25171/08 8