IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 OP.No. 28656 of 2002(J) ----------------------------------- PETITIONER: ------------------- LUCY REYNOLD, W/O. PETER, AGED 71 YEARS, RESIDING AT KURISINGAL HOUSE, 23/2439A, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.T.MADHU RESPONDENTS: ------------------------ 1. THE TAHSILDAR, KOCHI TALUK, OFFICE OF THE TAHSILDAR, KOCHI TALUK, ERNAKULAM DISTRICT. 2. THE DISTRICT COLLECTOR, ERNAKULAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. DR.CHANDRAN, S/O.KOOTHUPALAKKAL APPU, C.C.23/2440, RAMESWARAM VILLAGE, KOCHI TALUK, ERNAKULAM DISTRICT. BY GOVERNMENT PLEADER SMT. SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 22/02/2008 ALONG WITH OP NO. 28684 OF 2002,OP NO. 28684 OF 2002 AND WPC.NO.21478 OF 2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss ORDER ON C.M.P.NO.48656/2002 IN O.P.NO.28656/2002 J DISMISSED 22/02/2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALE DEED NO.497/1990 OF MATTANCHERRY SUB REGISTRAR OFFICE DTD.12/02/1990 EXECUTED IN FAVOUR OF THE PETITIONER. EXT.P2: COPY OF THE SALE DEED NO.2438/1979 DTD. 13/07/1979. EXT.P3: COPY OF THE PURCHASE CERTIFICATE BEARING NO.C.10/74 DTD. 7/08/1973. EXT.P4: COPY OF THE CORPORATION BUILDING TAX IN RESPECT OF THE BUILDING FOR THE YEAR 2001-2002 DTD. 28/09/2001. EXT.P5: COPY OF THE NOTICE ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DTD. 17/09/2001. EXT.P6: COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DTD. 8/06/2001. EXT.P7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DTD. 9/10/2001. EXT.P8: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DTD. 9/11/2001 AGAINST EXHIBITS P-5 & P-6 ORDERS OF THE 1ST AND 2ND RESPONDENTS. EXT.P9: COPY OF THE INTERIM ORDER ISSUED BY THIS HON'BLE COURT IN CMP.35308/98 IN O.P.NO.20040 OF 1998. /TRUE COPY/ P.A.TO JUDGE Kss C.N.RAMACHANDRAN NAIR, J. --------------------------- O.P.Nos.28656, 28685, 28684 OF 2002 & W.P.(C) No.21478 OF 2007 -------------------------- Dated this the 22nd day of February, 2008 J U D G M E N T ~~~~~~~~~~~ Petitioners are challenging the orders issued by the District Collector directing them to renew the lease of land held by them and pay the arrears of lease rentals and revised lease rentals after revision of the same. The case of the Government is that predecessors of the petitioners in W.P.(C) No.21478/2007 wrongly obtained certificate of purchase under the Land Reforms Act by maintaining that the 5.12 cents of land covered by the application was on lease from Sree Venkitachalapathy Devaswom. The Tahsildar after issuing notice to the Devaswom allowed the application and issued certificate of purchase in 1974 to the applicant one Mr.Prakashan who is no more. The grantee constructed a building with shop rooms and sold one to the petitioner in O.P.No.28685/2002. It appears another person by name Kunjan Karunakaran also appears to have obtained certificate of purchase by mis-describing Government land as Devaswom O.P.No.28656/2002 & connected cases 2 land. After obtaining certificate of purchase he sold some properties to one Dr. Chandran who in turn constructed a building and sold one shop room each to the petitioners in the other two original petitions. No action can be taken against petitioners without cancellation of certificate of purchase. Accordingly, the above petitions are disposed of vacating the impugned orders and demands issued by the Collector but leaving freedom to the respondents to take appropriate action under Land Reforms Act to cancel certificate of purchase if the same is permissible. (C.N.RAMACHANDRAN NAIR, JUDGE) ps O.P.No.28656/2002 & connected cases 3 C.N.RAMACHANDRAN NAIR, J. O.P.Nos.28656, 28685, 28684 OF 2002 & W.P.(C) No.21478 OF 2007 JUDGMENT 22.2.2008