[Kerala Land Reforms Act] Mutation In Favour Of Third Party Has No Bearing On Proceedings Against Predecessor-In-Interest Over Excess Land: High Court

The Kerala High Court recently directed the mutation of land covered by two sale deeds in favour of the person who purchased the land, notwithstanding the fact that the predecessor-in-interest was allegedly holding the land in excess of the ceiling limit under Kerala Land Reforms Act. The Court further permitted the payment of basic land tax by the petitioner company in its name.

The Single Judge Bench of Justice Gopinath P. observed, 

"Even in respect of cases where proceedings have been initiated, in respect of excess land, part of which has been sold to third parties, this Court has directed that subject to the finalisation of the proceedings and without in any manner affecting such proceedings, mutation can be effected and the land tax can be accepted from such third parties". 

The petitioner had approached the Court on being aggrieved that the land purchased by the petitioner vide two sale deeds were not being mutated in its favour, and that no basic tax was being accepted in its name. It was submitted by Advocate Jestin Mathew on behalf of the petitioner that there was no reason for denying the mutation in favour of the petitioner, and that the same could not be countenanced in law.

On the other hand, Senior Government Pleader C.S. Sheeja, argued on behalf of the respondents that the mutation was not effected and the land tax was not accepted from the petitioner since the predecessor-in-interest of the petitioner was holding land in excess of the ceiling limit under the provisions of the Kerala Land Reforms Act. However, it was submitte that no proceedings had been initiated in respect of the land allegedly held in excess by the predecessor-in-interest of the petitioner, so far. 

It is in this context that the Court disposed the petition with the direction to the Tahsildar (Land Records), Pathanapuram Taluk to effect mutation in respect of the properties in the name of the petitioner subject to compliance with the rules. The Court added that the same shall be done without being affected by the fact that the predecessor-in-interest of the petitioner was allegedly holding the land in excess of the ceiling limit.

"It is made clear that the mutation and the acceptance of the land tax from the petitioner will not have any bearing on any proceedings that may be initiated against the predecessor-in-interest of the petitioner in respect of any excess land held by him/her and the mutation and acceptance of land tax will always be subject to the finalisation of such proceedings," the Court clarified while adding that the needful ought to be done within three months from the date of receipt of a copy of the judgment. 

Case Title: Zehub Technopark Pvt. Ltd. v. Village Officer & Anr. 

Citation: 2023 LiveLaw (Ker) 129

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