High Court Kerala High Court

N.Karunakaran Nair vs State Of Kerala on 20 March, 2009

Kerala High Court
N.Karunakaran Nair vs State Of Kerala on 20 March, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 859 of 2009(A)


1. N.KARUNAKARAN NAIR, AGED 65 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. DISTRICT COLLECTOR,

3. REVENUE DIVISIONAL OFFICER,

4. TAHSILDAR, ADOOR TALUK OFFICE,

5. THE VILLAGE OFFICER, KOODAL VILLAGE,

                For Petitioner  :SMT.P.RANI DIOTHIMA

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :20/03/2009

 O R D E R
                    ANTONY DOMINIC,J.
                ---------------------
                 W.P.(C).No.859 OF 2009
              ------------------------
           Dated this the 20th day of March, 2009.

                         JUDGMENT

Being an ex-service man, as per Ext.P1 Patta dated

5.4.1975, the petitioner was assigned certain properties

with the restrictive covenant that, within 3 years from the

date of occupation or the date of registration, alienation of

the land is prohibited. However, on 20.4.1977, by sale deed

No.1467/77, the land was assigned by the petitioner to

one Kutty N. Thankan. Since the sale in question was in

violation of the covenants contained in the Patta itself, the

land was resumed by the Government in 1986. That was

challenged by the assignee in O.S.No.353/86 and on the

dismissal of it he filed A.S.No.331/89 which was also

dismissed. It is stated that the petitioner himself filed a suit

as O.S.No.72/94 before the Sub Court, Pathanamthitta and

that was dismissed on 15.1.1998. Thereafter it would

WP(c).No.859/09 2

appear that he approached the Lok Ayukta but however that

complaint was also dismissed as withdrawn. It is thereafter

that, the petitioner filed Ext.P8, a complaint before the Chief

Minister of the State, requesting to issue orders for an

investigation and to give him compensation. It is stated that

the complaint was forwarded to the District Collector as per

Ext.P9. In this writ petition what the petitioner seeks is a

direction to the first respondent to conclude the proceedings

pursuant to Ext.P8 complaint made by him.

2. As already stated, the case of the respondents is that

the petitioner had alienated the land in question in violation of

the conditions indicated in the Patta, prohibiting alienation of

the property. It was therefore that the land was also resumed

way back in 1986. This issue was the subject matter of several

litigations before the civil court and in all such proceedings

and the appeals the same was confirmed. At this stage, the

attempt of the petitioner is to get the issue reopened by filing

Ext.P8 and I do not think this court will be justified in coming

WP(c).No.859/09 3

to the aid of the petitioner.

Writ petition fails and is dismissed.

(ANTONY DOMINIC)
JUDGE
vi/

WP(c).No.859/09 4