IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).No. 13457 of 2011(F) ------------------------- PETITIONERS: --------------- 1. KUNHIMARAKKANAKATH SIDDIK, AGED 50 YEARS, S/O. KUNHI MARAKKAR, KADAVANAD AMSOM, PUDUPONNANI DESOM, P.O.PONNANI SOUTH, MALAPPURAM DISTRICT - 679 586. 2. ECHAKUANTAKATH ASHRAF, S/O. KUNHI MARAKKAR, -DO- -DO-. BY ADV. SRI.K.K.MOHAMED RAVUF RESPONDENTS: --------------- 1. THE SUB REGISTRAR, PONNANI-679 586. 2. THE REVENUE DIVISIONAL OFFICER, TIRUR-676 101. R1 & R2 BY GOVT. PLEADER T.K. ARAVINDAKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P (C) No.13457/2011 -2- APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : COPY OF THE PATA ISSUED BY THE TAHSILDAR PONNANI DATED 08-06- 1993. EXT.P2 : COPY OF THE SALE DEED No.2982/1994 OF PONNANI SRO. EXT.P3 : COPY OF THE REGISTERED SALE DEED No.3941/2002 OF PONNANI SRO. EXT.P4 : COPY OF THE SALE DEED No.623/2006 OF PONNANI SRO. EXT.P5 : COPY OF THE PATTA DATED 08-06-1993 OF TAHSILDAR, PONNANI. EXT.P6 : COPY OF THE SALE DEED No.5546/2007 OF THE SRO PONNANI. EXT.P7 : COPY OF THE RELEVANT EXTRACT OF THE NOTIFICATION. EXT.P8 : COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE AMG ANTONY DOMINIC, J. ------------------------------------------------- W.P.(C)No. 13457 OF 2011 ------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T The Petitioner submits that as per Ext.P1 patta issued on 08-06-1993, an extent of 4 cents of land was assigned by the Government. The survey number of the property is shown as 1/1B part of Kadavanad village. First petitioner is the subsequent transferee of the aforesaid property. According to him he has agreed to transfer the property in favour of the 2nd petitioner. 2. It is stated that the 1st respondent has informed that as per Ext.P7 notification issued under Section 28A of the Kerala Stamp Act the property is a Government property and therefore no document in respect of the property can be registered. It is in the above circumstances the present writ petition has been filed contending that the property has been wrongly included as Government property in Ext.P7 notification and seeking appropriate directions to the 2nd respondent to rectify the said mistake in Ext.P7 are also sought for. It is also pointed out that the 1st petitioner has already filed Ext.P8 before the 2nd respondent and the said application has also not evoked any W.P.(C)No.13457/2011 -2- response. 3. Learned Government Pleader points out that the property in Sy. No.1B has been included in Ext.P7 is Government property and that if the Petitioners were aggrieved, they shall file appeal in terms of the provisions contained under Rule 5 of Kerala Stamp (Fixation of Fair Value of Land) Rules, 1995. However, the learned counsel for the petitioner argued that appeal as per the said Rule is only in respect of grievances regarding the fair value fixed and not in cases of erroneous classification, as in the present case. 4. Admittedly, the property originally was that of the Government. By Ext.P1 patta issued on 08-06-1993 the property was assigned and the property is situated in Sy. No.1/1B part of Kadavanad village. Therefore, prima facie petitioners are justified in contending that the property having been assigned as per Exts.P1 and P5, and further transfers effected, could not have been again treated as Government land. This dispute, I feel, is a matter for the District Collector, the appellate authority, to consider and if the District Collector is satisfied that a mistake has crept in Ext.P7 notification, necessary corrections will have to be carried out so that the owner of the property is not W.P.(C)No.13457/2011 -3- prejudiced. Therefore, I direct that the petitioners shall make an appropriate application before the District Collector, Malappuram and on receipt thereof the Collector will consider the grievance of the petitioners, in the light of Exts.P1 and P5 pattas and subsequent documents in respect of property. If the District Collector finds that there is a mistake, necessary orders to correct Ext.P7 notification shall be issued as expeditiously as possible. The Petitioners shall produce a copy of this judgment along with a copy of the writ petition before the District Collector Malappuram, for compliance. Sd/- ANTONY DOMINIC JUDGE AMG True copy P.A to Judge