IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 14216 of 2010(B) --------------------------------------- PETITIONER: ------------------- SURESH MAYYA.K., S/O.SUBRAYA MAYYA, KODI HOUSE, VORKADY P.O.,KASARAGOD. BY ADV. SRI.K.PRAVEEN KUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP:BY THE SECRETARY, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARAGOD. 3. THE DEPUTY COLLECTOR,(LR),KASARAGOD. R1 TO R3 BY GOVT. PLEADER SRI. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.14216/2010-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PATTA ISSUED TO THE PETITIONERS WIFE SMT. SAVITHRI. EXT.P.2: COPY OF THE ORDER OF ASSIGNMENT ON REGISTRY. EXT.P.3: COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S WIFE. EXT.P.4: COPY OF THE LETTER SENT BY THE KERALA FINANCIAL CORPORATION TO THE PETITIONER DTD. 15/02/2010. EXT.P.5: COPY OF THE REPLY SENT BY THE DISTRICT COLLECTOR TO THE PETITIONER DTD. 23/03/2010. EXT.P.6: COPY OF THE ORDER IN G.O.(P).49/09/RD DTD. 24/01/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.14216 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2010 J U D G M E N T The petitioner's wife got assignment of certain land as per Ext.P1 patta pursuant to Ext.P2 order dated 29.03.1988. Petitioner's wife died and the petitioner became the absolute owner of the property. At the time of assignment the rule was that for a period of three years the assigned land cannot be alienated. With effect from 24.01.2009 an amendment was introduced to the Rules, whereby assigned land cannot be alienated for 25 years. Assuming that in view of the amended rule the petitioner would require permission for sale of the land, the petitioner sought permission for sale of the land. But by Ext.P5, the petitioner was informed that the land cannot be alienated for 25 years. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “a) Issue a writ of certiorari calling for the records leading to Ext.P5 and quash the original of the same. b) To declare that Ext.P6 G.O has no retrospective effect and it cannot affect the vested right of the Petitioner. W.P.(C)No.14216 of 2010 -2- c) To declare that the Petitioner is entitled to alienate the property as the legal heir of original assignee as per the provisions existing after completion of three years from the date of registry. d) writ of mandamus or any appropriate writ order or direction, directing the Respondents to permit the Petitioner to alienate the property.” A learned Judge of this court has already held that the amendment in 2009 is only prospective and cannot apply to assignments made prior to that date. In fact the Government has also issued a circular to that effect. In so far as the petitioner's assignment was in 1988, no permission is required for alienating the petitioner's property. It is declared so. Accordingly if the petitioner seeks registration of any sale deed in respect of the property in question the same shall be considered without reference to the amended rule. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/