Lal.S vs Special Deputy Collector

T.R. Ravi, J

The petitioners' uncle Sri.Madhavan had purchased an extent of 0.0573 Hectares of land in Sy.No.105/5 in Kizhuvilam Village in Chirayinkeezhu Taluk as per Sale Deed No.2134/1985 registered at the SRO, Chirayinkeezhu. In 1998, at the age of 78, Sri.Madhavan is stated to have left the petitioners' home without informing of his departure to any of the relatives. It is stated that a complaint had been lodged by the mother of the petitioners and other family members before the Attingal Police Station, but nothing was heard off about Sri.Madhavan.

The property purchased by Sri Madhavan was acquired by the National Highway Authority for widening of Mamom-Kadampattukonam NH-66. The petitioners being the legal representatives of Sri.Madhavan, were issued with notice by the competent authority on 03.09.2021 to surrender possession of the land. Possession was taken thereafter. The award amount was not released to the petitioners and the Deputy Collector directed them to produce the missing complaint filed to the Police. Due to the inability to locate the complaint that had been filed in 1998, the 1st petitioner approached the Judicial First Class Magistrate Court 1, Attingal and filed CMP No.3222/2021. A crime was registered by the Attingal Police as Crime No.2573/2021. Narrating the above facts, the 1st petitioner made a representation before the Special Deputy Collector, L.A. (N.H.), Civil Station, Thiruvananthapuram and requested him to release the amount of compensation. However, the amount was not released. It is in the above circumstances that the writ petition is filed.

Petitioners rely on Rule 27 of the Transfer of Registry Rules, 1966, which provides for the transfer of registry in the name of the legal heirs in cases where there is a disappearance of the owner for more than 7 years and pray that mutation may be effected in favour of the petitioners. Documents relating to possession and non-attachment certificates have also been produced.

Pending the writ petition, the Government Pleader was directed to obtain instructions from the 3rd respondent regarding the progress of the investigation in Crime No.2573/2021 and to file a report before the Court.  Thereafter, considering the fact that the Station House Officer had already approached the Judicial Magistrate of First Class-1, Attingal, this Court had directed the Registry to contact the Court and obtain a report with respect to Crime No.2573/2021. Two months later, this Court had again directed the Registry to obtain a further report from the Magistrate regarding the progress in the case. On 26.05.2022, the Judicial First Class Magistrate addressed the Assistant Registrar of this Court, wherein it is stated that the whereabouts of the missing person had not been traced out and more time would be required as useful information regarding him is unavailable. Subsequently, on 18.06.2022, another report was filed by the JFCM stating that a report had been received from the Police Officer stating that though all near and dear of the missing person had been met and enquired about the whereabouts, it was not fruitful. It is also stated in the report that it is revealed that there is no possibility for tracing out the missing person Sri Madhavan. Going by the age of the person at the time he was last seen, Sri Madhavan would be more than 102 years now, if he is alive. In the above circumstances, I find no purpose for keeping this case pending with a distant hope that Sri Madhavan would be traced at some point of time.

The  writ  petition  is  hence  allowed,  directing  the  1st respondent to release Ext.P4 award amount to the petitioners immediately, treating the petitioners as the owners of the property left behind by Sri Madhavan. The above direction, however, will not affect the right of Sri Madhavan, if he is alive and if he returns, to take necessary steps regarding the amount. Necessary orders shall be issued within one month from the date of receipt of a certified copy of this judgment.