The first petitioner was assigned with 4 cents of land as per Ext.P1 Pattayam. On reading of the Pattayam itself, it is discernible that no condition is imposed against alienation of the property. The first petitioner executed a sale deed in favour of the second petitioner. However, on account of prohibition in alienation in the order of assignment of registry, the registering authority refused to register the document. Accordingly, the petitioners have approached this Court.
2. The petitioners' land was acquired for the Vallarpadam-Container Terminal Project. In lieu of the acquired land, the first petitioner was given Government land. This was assigned to him by Ext.P1 Pattayam. Under W.P.(C) No.31806 of 2014 2 the Land Assignment Rules, the Pattayam is issued after the order of assignment of registry. Appendix-1 is the format of order of assignment of registry. It enumerates various conditions. The order of assignment of registry produced before this Court would show that there is a prohibition of assignment of land for ten years. The Pattayam is issued in Appendix-2. This format also prescribes the condition regarding alienation. However, it is to be noted that while issuing Pattayam to the first petitioner as per Ext.P1, the condition regarding alienation is absent. That means a conscious decision has been made to exclude the condition from the Pattayam. Unless and until the conditions in the order of registry is carry forwarded as a condition in Pattayam, it cannot be said that the first petitioner is prohibited from alienating the property assigned to him. It is to be noted that this is a land assigned to the petitioners in W.P.(C) No.31806 of 2014 3 lieu of the acquired land and it is not given for any other purpose like agricultural or other developmental purposes.
In view of the above, I am of the view that there is no prohibition for the petitioners in alienating the property and there shall be a direction to respondents 4 and 5 to register the document executed by the first petitioner in favour of the second petitioner forthwith.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ln