(1.) These writ petitions are related to the properties which were part of Kerala Estate Plantations, which was exempted under the Land Reforms Act in the ceiling proceedings. Majority of the cases are filed alleging that the revenue authorities failed to effect transfer of registry based on the registered sale deeds in favour of the petitioners. A few of the cases are related to non-registration of the properties, as the Sub Registrars concerned objected to registration of the documents.
(2.) Learned Special Government Pleader submits that transfer of registry cannot be effected for the reason that plantations would be fragmented and that would defeat the very object of the exemption granted under Kerala Land Reforms Act. It is further submitted that if revenue authorities acknowledge the right of the petitioners to effect transfer of registry, that would tantamount acknowledging an illegal act committed by the petitioners. The issue, in fact, was considered by Devassia V. Sub Registrar , [2015(1) KHC 825]. This Court had taken a view that there is no embargo in fragmentation of the plantations, however, the transferee will have to use the land for the purposes, for which exemption was granted. If there is any conversion, the land can be brought into the account of declarant and ceiling proceedings can be initiated.
(3.) Learned special Government Pleader, at this juncture, also pointed out the judgment of the Division Bench of this Court in One Earth One life V. State of Kerala [2019(1) KLT 985]. However it is fairly admitted that the said judgment is under challenge before the Apex Court and the Apex Court granted a stay.